CLIFFORD CHAPIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A general reservation of appeal rights upon a nolo contendere plea is ineffective and does not preserve any issues for appellate review.
Appellant pleaded nolo contendere to probation violations, generally reserving all rights of appeal. The trial court accepted the plea, revoked probat…
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ORFINGER, Chief Judge.
Appellant was charged with seven different violations of a previously entered probation order, and to these charges he entered a plea of nolo contendere. In entering this plea, his counsel reserved “... any and all rights of appeal that [appellant] may have in this particular case.” No specific order of court was reserved for appeal or otherwise identified. The court accepted the plea, adjudicated appellant guilty, entered an order revoking, probation, and entered judgment and sentence on the original charge.
On this appeal, appellant now attempts to argue that the trial court erred in revoking appellant’s probation. We must dismiss the appeal.
The plea of nolo contendere waives all defects in a criminal proceeding except jurisdictional ones, and in order to reserve the right to appeal a question of law, appellant must expressly reserve the same by conditioning his plea on the reservation of the specific, narrowly drawn question of law, McNamara v. State, 357 So. 2d 410 (Fla.1978); Gastineau v. State, 398 So. 2d 492 (Fla. 5th DCA 1981); and the reserved issue must be dispositive of the case. Brown v. State, 376 So. 2d 382 (Fla.1979). The rule is the same whether the plea is entered to the original charge or, as here, to a charge of probation violation.
A general or shotgun type of “reservation” preserves nothing for appeal. Consequently, we have no jurisdiction to entertain this appeal.
Appeal DISMISSED.
COBB and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By
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Johnson v. State, 449 So. 2d 988 (Fla. 1st DCA 1984)…tendere is dismissed because appellant did not reserve his right to appeal any issue when entering his plea of nolo conten-dere. See McNamara v. State, 357 So. 2d 410 (Fla.1978); Feagin v. State, 438 So. 2d 1082 (Fla. 1st DCA 1983); Chapin v. State, 427 So. 2d 812 (Fla. 5th DCA 1983); § 924.-06(3), Fla.Stat. (1981); Fla.R.App.P. 9.140(b)(1). This dismissal is without prejudice to appellant’s right to seek post-conviction relief pursuant to Fla.R.Crim.P. 3.850. DISMISSED. ERVIN, C.J., and THOMPSON and WIG-…
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Hawk v. State, 848 So. 2d 475 (Fla. 5th DCA 2003)…be dismissed. See, e.g., State v. Carr, 438 So. 2d 826 (Fla.1983); Ward v. State, 585 So. 2d 497 (Fla. 1st DCA 1991); Johnson v. State, [*478] 449 So. 2d 988 (Fla. 1st DCA 1984); Feagin v. State, 438 So. 2d 1082 (Fla. 1st DCA 1983); Chapin v. State, 427 So. 2d 812 (Fla. 5th DCA 1983); see also McNamara v. State, 357 So. 2d 410 (Fla.1978). Herein lies the problem with Hawk’s attempted appeal: Hawk made no such reservation. Specifically, the plea form does not contain any reservation of Hawk’s right to appeal a…
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Feagin v. State, 438 So. 2d 1082 (Fla. 1st DCA 1983)…ent and sentence entered pursuant to a plea of nolo contendere is dismissed because appellant did not reserve his right to appeal any issue when entering his plea of nolo contendere. See McNamara v. State, 357 So. 2d 410 (Fla.1978); Chapin v. State, 427 So. 2d 812 (Fla. 5th DCA 1983); Fla.R.App.P. 9.140(b)(1). This dismissal is without prejudice to appellant’s right to seek post-conviction relief pursuant to Fla.R.Crim.P. 3.850, if such presentation in the lower court has not been barred by some other limitat…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McNAMARA v. State, 357 So. 2d 410 (Fla. 1978)
- Brown v. State, 376 So. 2d 382 (Fla. 1979)
- Commercial Air Transp. Sales Corp. v. Lundberg, 398 So. 2d 492 (Fla. 3d DCA 1981)