VERA DENISE JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-05-06
No. 93-1806
W. SHARP, GRIFFIN and DIAMANTIS, JJ., concur.
636 So. 2d 835 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 6 cases
Topics
Guilty Plea Nolo Contendere Plea

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Jones seeks to appeal her case. She first entered a nolo contendere plea to a criminal charge. She was placed on probation. Jones then violated her probation, pled guilty to the violation of probation, and was sentenced to one year in the county jail. We have no alternative but to affirm.

Defendants cannot appeal from judgments entered on the basis of a nolo contendere plea and a guilty plea without an express reservation of the right of appeal in an appropriate case. See Fla.R.App.Proc. 9.140(b) and § 924.06(3), Fla.Stat. (1993). Further, Jones does not raise any matters which might invalidate her guilty or nolo contende-re plea. Nor are any of the grounds set forth in Robinson v. State, 373 So. 2d 898 (Fla.1979) available in this case.

AFFIRMED.

W. SHARP, GRIFFIN and DIAMANTIS, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Slater v. State, 829 So. 2d 321 (Fla. 5th DCA 2002)
    …withdraw his plea with the trial court; he cannot challenge the volun-tariness on direct appeal nor move to withdraw his plea for the first time by the filing of a direct appeal. Griffin v. State, 820 So. 2d 906 (Fla.2002). See also Jones v. State, 636 So. 2d 835 (Fla. 5th DCA 1994)(noting that a defendant’s failure to timely move to withdraw a plea on volun-tariness grounds forecloses review on direct appeal and the defendant’s sole avenue of review is through filing a collateral attack). Since appellant di…
  • Goodman v. State, 693 So. 2d 141 (Fla. 5th DCA 1997)
    …degree in the Brevard County Circuit Court, case number 95-10919, is affirmed because a defendant cannot appeal from a judgment entered on a guilty plea without an express reservation of his right to appeal. Fla. R.Crim. P. 9.140(b); Jones v. State, 636 So. 2d 835 (Fla. 5th DCA 1994). However, the appellant’s sentence for this offense must be vacated because the 55-month term of incarceration followed by one year of probation exceeds the statutory maximum for the crime. § 812.014(2)(c)l. Fla. Stat. (1995); §…
  • Lennear v. State, 833 So. 2d 182 (Fla. 5th DCA 2002)
    …lorida provides that a defendant who enters a guilty plea waives the right to prosecute a direct appeal therefrom unless he specifically reserves the right to same. See Fla. R.App. P. 9.140(b); § 924.06(3) Fla. Stat. (2000). See also Jones v. State, 636 So. 2d 835 (Fla. 5th DCA 1994). Defendant’s claim of error, based solely on the proportionality of his sentence, is not a basis for a direct appeal because the defendant failed to reserve his right to appeal any issue before he entered his plea. Accordingly, t…

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