ROBERT NORMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A defendant who pleads nolo contendere without an express reservation of the right to appeal cannot pursue a direct appeal.
[1] A plea of nolo contendere without an express reservation of the right to appeal does not support a direct appeal, except in cases where the death penalty has been imposed…
[2] A defendant who pleads guilty or nolo contendere with no express reservation of the right to appeal has no right to a direct appeal and must seek review by collateral att…
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Join FLexlaw to unlock all legal intelligenceAppellant Robert Norman pleaded nolo contendere to two counts of burglary without reserving his right to appeal and did not seek to withdraw his pleas…
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PER CURIAM.
In this direct appeal, appellant Robert Norman seeks a determination that his pleas in the trial court were not entered into voluntarily, knowingly, and intelligently. Appellant entered a plea of nolo contendere to two counts of burglary without reserving his right to appeal. He did not seek to withdraw his pleas in the trial court.
The law is clear that, except in a case where the death penalty has been imposed, a plea of nolo contendere without an express reservation of the right to appeal, will not support a direct appeal.
Section 924.06(3), Florida Statutes (1991), provides:
A defendant who pleads guilty or nolo contendere with no express reservation of the right to appeal shall have no right to a direct appeal. Such a defendant shall obtain review by means of collateral attack.
§ 924.06(3), Fla.Stat. (1991). The Florida Supreme Court in Robinson v. State, 373 So. 2d 898 (Fla.1979), held that statute to be constitutional. Id. The statute has remained unchanged since the decision in that case. The Robinson court also determined that the language “with no express reservation of the right to appeal,” specifically modifies “nolo contendere” pleas and not “guilty” pleas. Id. at 903. In other words, only an individual who pleads nolo contendere may expressly reserve a point for appeal. Florida Rule of Appellate Procedure 9.140(b) has a similar thrust:
A defendant may not appeal from a judgment entered upon a plea of guilty; nor may a defendant appeal from a judgment entered upon a plea of nolo contendere without an express reservation of the right of appeal from a prior order of the lower tribunal, identifying with particularity the point of law being reserved.
Thus, according to both substantive and procedural law, one who pleads nolo contendere without any reservation of the right below is precluded from bringing a direct appeal.
We therefore dismiss this appeal without prejudice to the appellant’s right to challenge the voluntariness of his plea in the trial court.
APPEAL DISMISSED.
ANSTEAD, HERSEY and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 691 So. 2d 484 (Fla. 4th DCA 1997)…R.App. P. 9.140(b). In the instant case, since Appellant has not expressly reserved the right to direct appeal, he may obtain review only by collateral attack. § 924.06(3); see Robinson v. State, 373 So. 2d 898, 901-02 (Fla.1979); Norman v. State, 634 So. 2d 212, 213 (Fla. 4th DCA 1994). Accordingly, we dismiss this appeal without prejudice to Appellant’s right to withdraw his plea in the trial court. See id. DISMISSED. GUNTHER, C.J., and GLICKSTEIN, DELL, STONE, WARNER, POLEN, FARMER, KLEIN, PARIENTE, ST…
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Harris v. State, 660 So. 2d 409 (Fla. 4th DCA 1995)…Kravitz v. State, 638 So. 2d 636 (Fla. 5th DCA 1994). Further, Defendant's plea agreement specifically does not waive his right to appeal any sentence outside the guidelines unless specifically contained with the plea agreement. Cf. Norman v. State, 634 So. 2d 212 (Fla. 4th DCA 1994). Thus, we have jurisdiction. Fla.R.App.P. 9.140(b).…
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Kravitz v. State, 638 So. 2d 636 (Fla. 5th DCA 1994)…smiss the appeal without prejudice to seek relief before the trial court. Williams v. State, 541 So. 2d 764 (Fla. 5th DCA 1989); Duhart v. State, 548 So. 2d 302 (Fla. 5th DCA 1989); Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982); Norman v. State, 634 So. 2d 212 (Fla. 4th DCA 1994). APPEAL DISMISSED. COBB and DIAMANTIS, JJ., concur.…
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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)