KEVIN JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Kevin Jones appealed his guilty plea conviction, but the public defender filed an Anders brief indicating no arguable errors. The court affirmed the conviction, holding that Jones failed to preserve the issue of whether the plea colloquy reflected consideration of available defenses, as required by Florida Rule of Appellate Procedure 9.140(b)(2)(B).
A defendant who pleads guilty may not directly appeal the issue of whether defenses were considered in the plea colloquy unless the issue is preserved by a motion to withdraw the plea. Because Jones made no such motion, this issue cannot be considered on appeal.
[1] An appellate court may affirm a judgment when it finds no reversible error in the record, even after considering a pro se brief filed by the appellant.
[2] An attorney appointed to represent an appellant may seek to withdraw from representation if a thorough review of the record reveals no arguable basis for an appeal, consi…
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Join FLexlaw to unlock all legal intelligence“A defendant who pleads guilty or nolo contendere may otherwise directly appeal only (i) the lower tribunal's lack of subject matter jurisdiction; (ii) a violation of the plea agreement, if preserved by a motion to withdraw plea; (iii) an involuntary plea, if preserved by a motion to withdraw plea; (iv) a sentencing error, if preserved; or (v) as otherwise provided by law.”
States the restrictive scope of issues appealable from guilty plea convictions under Florida Rule of Appellate Procedure 9.140(b)(2)(B)
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Join FLexlaw to unlock all legal intelligenceJones pled guilty to crimes charged and was sentenced by the trial court. On appeal, the public defender filed an Anders brief representing it could f…
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WARNER, Judge.
The appellant pled guilty to the crimes charged and was sentenced by the court. On appeal, the public defender filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), representing that it could not find any errors of arguable merit. We issued an order requiring the appellant to address one issue, namely whether the plea colloquy reflected that appellant had raised the possibility of defenses to the crimes charged, citing to Leslie v. State, 687 So. 2d 304 (Fla. 4th DCA 1997), and Brown v. State, 670 So. 2d 1113 (Fla. 4th DCA 1996). The public defender responded that these cases were distinguishable from the facts of the present case. While we agree with that assessment, on further reflection the issue that we asked the public defender to address does not pose one of arguable merit because it was not properly preserved for appeal.
Florida Rule of Appellate Procedure 9.140(b)(2)(B) provides that appeals from guilty pleas and pleas of nolo contendere are extremely limited:
A defendant who pleads guilty or nolo contendere may otherwise directly appeal only
(i) the lower tribunal’s lack of subject matter jurisdiction;
(ii) a violation of the plea agreement, if preserved by a motion to withdraw plea;
(iii) an involuntary plea, if preserved by a motion to withdraw plea;
(iv) a sentencing error, if preserved; or
(v) as otherwise provided by law.
This rule, which became effective on January 1, 1997, adopts the holding of Robinson v. State, 373 So. 2d 898 (Fla.1979), with the additional requirement that the issues of a violation of the plea agreement or the involuntariness of the plea must be preserved by a motion to withdraw the plea. No motion to withdraw the plea was made in this case. Therefore, because the issue was not preserved, we may not consider it on appeal. In both Leslie and Brown, the conviction and sentence were entered prior to the changes in rule 9.140(b)(2)(B). Therefore, they do not provide authority that this issue may be raised on direct appeal without proper preservation.
Affirmed.
STONE, C.J., and GLICKSTEIN, J., concur.
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State v. T.G., 800 So. 2d 204 (Fla. 2001)…3, 1105 (Fla.1996). We incorporated the holding in Robinson into Florida Rule of Appellate Procedure 9.140(b)(2)(B)(iii), which requires defendants to file a motion to withdraw plea before challenging the voluntariness of a plea. See Jones v. State, 708 So. 2d 337 (Fla. 4th DCA 1998) (noting that rule 9.140(b)(2)(B) adopts the holding of Robinson). Rule 9.140 is applicable to juvenile delinquency appeals1 by operation of Florida Rule of Appellate Procedure 9.145(a). The Fifth District applied Robinson to juv…
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Brawley v. State, 815 So. 2d 789 (Fla. 4th DCA 2002)…pellant’s plea and the constitutionality of section 776.051, Florida Statutes, appellant failed to preserve these issues for review on direct appeal. See generally Fla. R.App. P. 9.140(b)(2); §§ 924.051(4), .06(3), Fla. Stat. (2000); Jones v. State, 708 So. 2d 337, 338 (Fla. 4th DCA 1998). Appellant did not reserve the right to appeal any prior dispositive trial court orders when entering his no contest plea, nor did he subsequently move to withdraw his plea. Affirmed. WARNER, SHAHOOD and HAZOURI, JJ., co…
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Erts v. State, 791 So. 2d 529 (Fla. 4th DCA 2001)…plea only after preserving the issue by a motion to withdraw the plea, or challenge an alleged sentencing error only after preserving the issue in the lower tribunal. See Wilson v. State, 748 So. 2d 343 (Fla. 4th DCA 1999); see also Jones v. State, 708 So. 2d 337 (Fla. 4th DCA 1998)(where defendant pled guilty to crimes charged, issue of whether plea colloquy reflected that defendant had raised possibility of defenses to crimes charged was not properly preserved for appeal where no motion to withdraw plea wa…
Previewing 3 of 5 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)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Weiss v. State, 670 So. 2d 1113 (Fla. 4th DCA 1996)
- Carey Leslie v. State, 687 So. 2d 304 (Fla. 4th DCA 1997)