JEFFREY W. WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A direct appeal from a conviction entered on a nolo contendere plea is dismissed if the defendant has not expressly reserved the right to appeal.
[1] A direct appeal from a judgment entered on a nolo contendere plea is precluded unless the defendant expressly reserves the right to appeal a specific point of law.
[2] A defendant may not appeal from a judgment entered on a nolo contendere plea without an express reservation of the right of appeal from a prior order of the lower tribuna…
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Join FLexlaw to unlock all legal intelligenceAppellant was convicted and sentenced based on a nolo contendere plea and sought a direct appeal, claiming the trial court failed to comply with Ashle…
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PER CURIAM.
In this direct appeal, Appellant challenges his conviction and sentence entered on his nolo contendere plea. Since Williams is directly appealing from his nolo contendere plea, we must dismiss this action pursuant to Florida Rule of Appellate Procedure 9.140(b).
Appellant claims that his conviction and habitual offender sentence must be reversed because of the trial court’s failure to comply with the provisions set forth in Ashley v. State, 614 So. 2d 486 (Fla.1993). We recognize that precedent exists in the Fourth District that implies this Court will entertain a direct appeal on an alleged Ashley violation where the defendant has pled guilty or nolo contendere. See Carridine v. State, 680 So. 2d 1059 (Fla. 4th DCA 1996); Hyde v. State, 673 So. 2d 952 (Fla. 4th DCA 1996); Brown v. State, 670 So. 2d 1113 (Fla. 4th DCA 1996); Gilbert v. State, 667 So. 2d 969(Fla. 4th DCA 1996). However, to the extent that these decisions stand for such a proposition, we recede and adopt the procedure set forth in Rule 9.140(b) and section 924.06(3), Florida Statutes (1995).
Even in matters involving alleged Ashley violations, a defendant is precluded from bringing a direct appeal when judgment has been entered on a plea of guilty or nolo contendere. A defendant may not appeal from a judgment entered on his guilty plea or from a judgment “entered on 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.” Fla. 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, STEVENSON, SHAHOOD and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Thompson, 735 So. 2d 482 (Fla. 1999)…SHAW, J. We have for review Thompson v. State, 706 So. 2d 1361 (Fla. 2d DCA 1998), wherein the district court acknowledged conflict with Williams v. State, 691 So. 2d 484 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We quash Thompson. Based on an incident that took place February 22, 1995, Thompson was charged with escape, obstructing an officer with violence, having no valid driver’s li…1 / 2
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Robinson v. State, 689 So. 2d 1147 (Fla. 4th DCA 1997)…lization, nor was he informed of the reasonable consequences of habitualization. Appellant did not present this argument to the trial court, did not appeal his original sentence, and did not move to withdraw his original plea. See Williams v. State, 691 So. 2d 484 (Fla. 4th DCA 1997); Robinson v. State, 373 So. 2d 898 (Fla.1979); Surinach v. State, 676 So. 2d 997 (Fla. 3d DCA 1996); Heatley v. State, 636 So. 2d 153 (Fla. 1st DCA 1994); Brown v. State, 616 So. 2d 1137 (Fla. 4th DCA 1993). Therefore, he is enti…
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Joyce v. State, 713 So. 2d 1053 (Fla. 2d DCA 1998)…R, C.J., and RONDOLINO, ANTHONY, Associate Judge, concur. . The State has argued that the circuit court’s failure to follow the procedure in Ashley v. State, 614 So. 2d 486 (Fla.1993), is not cognizable on direct appeal, citing Williams v. State, 691 So. 2d 484 (Fla. 4th DCA 1997). We have acknowledged conflict with Williams. See Thompson v. State, 706 So. 2d 1361, 1362 n. 1 (Fla. 2d DCA 1998).…
Previewing 3 of 8 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)
- Ashley v. State, 614 So. 2d 486 (Fla. 1993)
- Norman v. State, 634 So. 2d 212 (Fla. 4th DCA 1994)
- Weiss v. State, 670 So. 2d 1113 (Fla. 4th DCA 1996)
- Gilbert v. State, 667 So. 2d 969 (Fla. 4th DCA 1996)
- Hyde v. State, 673 So. 2d 952 (Fla. 4th DCA 1996)
- Cuervo v. W. Lake Vill. II Lower Condo. Ass'n, Inc., 680 So. 2d 1059 (Fla. 3d DCA 1996)
- Carridine v. State, 680 So. 2d 1059 (Fla. 4th DCA 1996)