PHILLIP A. THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed a sentence imposed pursuant to a plea bargain where the defendant failed to object at sentencing or move to withdraw his plea, holding that challenges to plea agreements must first be raised in the trial court.
A defendant who fails to object at sentencing or move to withdraw his plea cannot directly appeal a sentence allegedly violating the plea agreement without first raising the issue in the trial court.
[1] A defendant must raise challenges to the validity of a plea agreement in the trial court before seeking appellate review, and failure to object at sentencing or move to w…
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Join FLexlaw to unlock all legal intelligencePhillip Thomas pled guilty pursuant to a plea bargain to robbery, aggravated battery, and carrying a concealed firearm, with the agreement contemplati…
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GRIMES, Judge.
Pursuant to a plea bargain, Phillip A. Thomas pled guilty to charges of robbery, aggravated battery, and carrying a concealed firearm. The plea bargain contemplated that Thomas could receive any sentence from probation up to twenty years in prison with all three counts to run concurrently. Thomas was then adjudged guilty. Subsequently, at sentencing the court ordered that Thomas serve fifteen years for robbery, five years consecutive for aggravated battery, and three years for carrying a concealed firearm to run concurrently with the prior sentences. Thomas directly appeals to this court, arguing that the consecutive sentence violates the plea agreement. The record reflects that Thomas did not object at the time of the imposition of the sentence, nor did he move to withdraw his plea. Any alleged infirmity concerning the intelligent or voluntary nature of a plea must first be raised in the trial court. Thomas should move the court to reconsider its ruling or permit him to withdraw his plea. If Thomas is aggrieved by the court’s decision, he can then seek review from this court. Robinson v. State, 373 So. 2d 898 (Fla.1979); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).
Accordingly, the judgment and sentence are affirmed without prejudice to Thomas’ filing of an appropriate motion under Florida Rule of Criminal Procedure 3.850 in the trial court.
BOARDMAN, A.C.J., and RYDER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Washington v. State, 582 So. 2d 798 (Fla. 1st DCA 1991)…of capital sexual battery. The only issue raised on appeal is the possible involuntariness of Washington’s plea. Any alleged infirmity concerning the intelligent or voluntary nature of a plea must first be raised in the trial court. Thomas v. State, 442 So. 2d 296, 297 (Fla. 2d DCA 1983). Because Washington has not done so, the issue is not cognizable on direct appeal. See, e.g., Murray v. State, 566 So. 2d 30 (Fla. 1st DCA 1990); Parker v. State, 576 [*799] So. 2d 943 (Fla. 1st DCA 1991). Therefore, this app…
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J.S. v. State, 658 So. 2d 638 (Fla. 2d DCA 1995)…lleged infirmity concerning the intelligent or voluntary nature of a plea must first be raised in the trial court by a motion to withdraw the plea or a motion for post conviction relief. Robinson v. State, 373 So. 2d 898 (Fla.1979); Thomas v. State, 442 So. 2d 296 (Fla. 2d DCA 1983); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). Since appellant has not made a prior motion to withdraw his plea, the issue of whether his plea was voluntary cannot be entertained on appeal. Accordingly, we dismiss this appe…
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Cratsley v. State, 645 So. 2d 1058 (Fla. 2d DCA 1994)…ds that his guilty plea was not freely and voluntarily entered. In order for the issue of the voluntariness of a plea to be considered on direct appeal, a defendant must have filed a motion to withdraw his plea in the trial court. Thomas v. State, 442 So. 2d 296 (Fla. 2d DCA 1983). Cratsley did not do so. Accordingly, we affirm Cratsley’s judgments and sentences in the aforementioned cases without prejudice to his filing a motion to withdraw his plea in the trial court. RYDER, A.C.J., and ALTENBERND and…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)