KENT KEARNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appeal must be dismissed for lack of jurisdiction because the appellant raised none of the issues that survive a nolo contendere plea.
[1] A nolo contendere plea does not preclude a direct appeal of issues concerning the trial court's subject matter jurisdiction.
[2] A nolo contendere plea does not preclude a direct appeal of an illegal sentence.
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Join FLexlaw to unlock all legal intelligenceAppellant pleaded nolo contendere to grand theft and possession of stolen credit cards, reserving the right to appeal the amount of restitution. The c…
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PER CURIAM.
We dismiss this appeal for lack of jurisdiction.
Appellant entered a plea of nolo conten-dere to three counts of grand theft and one count of possession of stolen credit cards. At the sentencing hearing appellant stated he wanted to reserve the right to appeal the issue of the amount of restitution ordered by the court, if that became a problem. Appellant was sentenced to two years of community control on each count. All sentences were to run concurrently. The court did not order restitution.
Appellant appealed. The state moved to dismiss for lack of jurisdiction, citing section 924.06(3), Florida Statutes, and Hughes v. State, 565 So. 2d 354 (Fla. 1st DCA 1990) in support of the motion. We denied the motion. See Ford v. State, 575 So. 2d 1335 (Fla. 1st DCA 1991).
Appellant’s counsel filed an • Anders1 brief. In conformance with Anders we granted appellant the right to file a brief pro se, but he has not filed a brief.
In Robinson v. State, 373 So. 2d 898, 903 (Fla.1979) the Florida Supreme Court held that a party who pleads guilty (or nolo contendere) can still raise the following issues on direct appeal despite the guilty plea:
1. subject matter jurisdiction of the trial court;
2. illegality of the sentence;
3. failure of the state to abide by the terms of the plea agreement; and
4. the voluntary and intelligent nature of the plea.2
Appellant has raised none of these issues on appeal. Pursuant to our obligations under Anders we have reviewed the record and we perceive no error in regard to any of the issues which survive under Robinson.
Accordingly, we hereby dismiss this appeal.
SHIVERS, C.J., and ERVIN and WOLF, JJ., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
. It is not entirely clear whether these are the only items which can be directly appealed after a plea. The supreme court said "to our knowledge they would include the following-” Id. (Emphasis added). For the reasons stated we need not decide that issue.
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Citator
Cited By (33 total)
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Love v. State, 623 So. 2d 1221 (Fla. 1st DCA 1993)…v. State, 612 So. 2d 643 (Fla. 4th DCA 1993). Among other things, one who pleads guilty or nolo contendere can raise the issue of the voluntary and intelligent nature of the plea. Robinson v. State, 373 So. 2d 898, 903 (Fla.1979); Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991). In effect, appellant’s claims challenge the voluntary and intelligent nature of his plea, and thus would be proper for consideration in a rule 3.850 motion predicated on trial counsel’s failure to honor the defendant’s request…
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Aarry Tarver v. State, 617 So. 2d 336 (Fla. 1st DCA 1993)…80, Laws of Florida. The state seeks to dismiss the appeal, citing section 924.06, Florida Statutes (defendant has no right to a direct appeal when he pleads nolo contendere without reservation). We deny the motion to dismiss. See Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991) (the illegality of the sentence imposed may be raised on direct appeal despite entry of a plea). Tarver’s argument that the plea colloquy was defective is without merit, in that he never moved to withdraw his plea, and further ha…
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Abe Shoemo, Jr. v. State, 705 So. 2d 23 (Fla. 1st DCA 1997)…PER CURIAM. APPEAL DISMISSED. See Robinson v. State, 373 So. 2d 898 (Fla.1979); Kearney v. State, 579 So. 2d 410 (Fla. 1st DCA 1991). JOANOS, MINER and WEBSTER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Ford v. State, 575 So. 2d 1335 (Fla. 1st DCA 1991)
- Hughes v. State, 565 So. 2d 354 (Fla. 1st DCA 1990)