DARRELL NETTLES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Darrell Nettles appealed his conviction and sentence based on a nolo contendere plea, arguing the trial court failed to establish a factual basis for the plea. The appellate court dismissed the appeal, holding that challenges to plea validity must be raised through a motion to withdraw the plea in the trial court, not through direct appeal.
An appellate court lacks jurisdiction to review the validity of a plea of nolo contendere on direct appeal absent a reservation of the right to appeal. A defendant's remedy for challenging the factual basis of a plea is a motion to withdraw the plea in the trial court, not direct appeal.
[1] An appellate court lacks jurisdiction to consider the factual basis for a nolo contendere plea on direct appeal, absent a reservation of the right to appeal.
[2] A direct appeal from a judgment of conviction and sentence based on a nolo contendere plea is not a substitute for a motion to withdraw the plea.
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Join FLexlaw to unlock all legal intelligence“it is not within our jurisdiction to consider this issue on direct appeal from a plea of nolo contendere without the reservation of the right to appeal”
Establishes the jurisdictional bar to appellate review of plea validity absent proper reservation
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Join FLexlaw to unlock all legal intelligenceAppellant Darrell Nettles entered a plea of nolo contendere and received a sentence. On appeal, he contended that the trial court erred in accepting h…
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PER CURIAM.
On this appeal from a judgment of conviction and sentence based on a plea of nolo contendere, appellant contends that the trial court erred in accepting his plea without record evidence of a factual basis for the plea. We dismiss this appeal as it is not within our jurisdiction to consider this issue on direct appeal from a plea of nolo conten-dere without the reservation of the right to appeal. § 924.06(3), Fla.Stat. (1993); Fla. R.App.P. 9.140(b)(1); Robinson v. State, 373 So. 2d 898 (Fla.1979). There is no contention made that the sentence imposed is illegal or beyond the guidelines. § 924.06(l)(d), (e), Fla.Stat. (1993).
As in Robinson, an appeal from a plea of guilty or nolo contendere should not be a substitute for a motion to withdraw a plea, which was not made in this case. Robinson states:
After sentence is imposed, the burden is on the defendant to prove that a manifest injustice has occurred. Williams v. State [316 So. 2d 267 (Fla.1975)]; ABA Standards Relating to the Administration of Criminal Justice, Pleas of Guilty, 14r-2.1 (1979). To adopt the view asserted by the appellant in this case [that he has a right to a general review of the plea by an appellate court to be certain that he was made aware of all the consequences of his plea and apprised of all the attendant constitutional rights waived] would in effect eliminate both the necessity for a defendant to move for a withdrawal of his plea and the obligation to show a manifest injustice or prejudice as grounds for such a plea withdrawal after sentence.
373 So. 2d at 902-03.
We therefore dismiss this appeal without prejudice to the appellant to seek the withdrawal of his plea in the trial court.
GLICKSTEIN, WARNER and KLEIN, JJ., concur.
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Binder v. State, 853 So. 2d 537 (Fla. 5th DCA 2003)…Binder did not object, reserve the right to appeal or move to withdraw his plea, he may not attack this conviction here. See Brawley v. State, 815 So. 2d 789 (Fla. 4th DCA 2002); D.P.J. v. State, 779 So. 2d 291 (Fla. 2d DCA 1998); Nettles v. State, 673 So. 2d 547 (Fla. 4th DCA 1996); Fla. R.App. P. 9.140(b)(2); § 924.051(4), Fla. Stat. (2002). AFFIRMED. ORFINGER and MONACO, JJ., concur. . Sections 943.0435(7) and 943.0435(9), Fla. Stat. (2002). . The State asserted that the charge was based on the fact t…
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White v. State, 682 So. 2d 671 (Fla. 4th DCA 1996)…uy. This court is without jurisdiction to review this issue on a direct appeal from a guilty plea, where appellant has not moved to withdraw his plea in the trial court. § 924.06(3), Fla. Stat. (1995); Fla. R.App. P. 9.140(b)(1); Nettles v. State, 673 So. 2d 547 (Fla. 4th DCA 1996). Appellant has never moved to withdraw his plea in this case. His pro se motion to mitigate sentence does not indicate a desire to withdraw his guilty plea. We dismiss this appeal without prejudice to appellant to seek the with…
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Granston v. State, 707 So. 2d 943 (Fla. 4th DCA 1998)…PER CURIAM. Each of the issues raised by the appellant involve the voluntariness of validity of his plea. The appellant did not preserve these issues for appeal as he did not move to withdraw his plea. See Nettles v. State, 673 So. 2d 547, 547-48 (Fla. 4th DCA 1996); Robinson v. State, 373 So. 2d 898, 902-03 (Fla.1979); Fla.R.App.P. 9.140(b)(2)(B)(iii). We thus affirm the appeal without prejudice to the appellant seeking to withdraw his plea in the trial court. WARNER, FARMER and K…
Previewing 3 of 4 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)
- Williams v. State, 316 So. 2d 267 (Fla. 1975)