RICHARD MILLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the record did not disclose any fundamental error that would permit an appeal despite the no contest plea.
Appellant entered a no contest plea to escape in exchange for a negotiated sentence, preserving no issues for appeal. The State moved to dismiss the a…
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DAVIS, Judge.
The appellant entered a plea of no contest to a charge of escape in exchange for a negotiated guidelines sentence and did not preserve any issues for appeal. Appellant’s counsel has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), asserting that no good-faith argument can be made that reversible error occurred below. No further briefs have been filed. We have reviewed the record in accordance with State v. Causey, 503 So. 2d 321 (Fla.1987).
The State has moved to dismiss under the authority of section 924.051, Florida Statutes (Supp.1996). As we explained in Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA 1997), rather than grant such motions to dismiss, our duty is to conduct a review of the record to determine if any of the four delineated issues in Robinson v. State, 373 So. 2d 898 (Fla.1979) exists.
Therefore we need not address appellant’s arguments that dismissing pursuant to section 924.051 would be unconstitutional as either a denial of access to courts, or a violation of the doctrine of separation of powers, due process, equal protection, or the prohibition against ex post facto laws. But see Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773, 775 (Fla.1996)(“we believe the legislature could reasonably condition the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error”); Neal v. State, 688 So. 2d 392, 395 (Fla. 1st DCA 1997)(rejecting arguments that application of section 924.051 would violate the ex post facto clauses of the Florida and United States constitutions, as well as deny the constitutional right of access to courts).
We have performed the review mandated under Stone, and conclude that the record does not disclose a Robinson error.
Accordingly, the appeal is DISMISSED. Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA 1997).
KAHN and BENTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)…sentence. Moreover, where properly preserved for review, both unlawful and illegal sentences can be addressed on direct appeal, regardless of whether a plea is involved. Cf. Robinson (limiting right of appeal to illegal sentences); Miller v. State, 697 So. 2d 586 (Fla. 1st DCA 1997); Stone v. State, 688 So. 2d 1006, 1007-08 (Fla. 1st DCA 1997). Given our interpretation of section 924.051, we necessarily disagree with contrary results reached by other district courts of appeal, particularly insofar as these…
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Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998)…inson. If we conclude that such an issue does exist, we will then determine whether the issue has been preserved. If it has, we will address the merits. If it has not, we will affirm without reaching the merits. Id. at 1008. Accord Miller v. State, 697 So. 2d 586 (Fla. 1st DCA 1997) (applying Stone).…
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Aiello v. State, 700 So. 2d 148 (Fla. 5th DCA 1997)…Judge, Lee Aiello appeals his judgment and sentence for escape.1 His attorney filed an Anders2 brief, which we have reviewed. Because Aiello’s sentence conformed to his negotiated nolo contendere plea, we find no reversible error. Miller v. State, 697 So. 2d 586 (Fla. 1st DCA 1997). Since any error was not preserved by objection or by a post-conviction motion, we have nothing to review and dismiss the appeal. Id.; Hunter v. State, 700 So. 2d 728 (Fla. 5th DCA 1997). APPEAL DISMISSED. COBB and W. SHARP, JJ…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Causey, 503 So. 2d 321 (Fla. 1987)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)
- Stone v. State, 688 So. 2d 1006 (Fla. 1st DCA 1997)
- Neal v. State, 688 So. 2d 392 (Fla. 1st DCA 1997)