DAVID WEST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2004-12-10
No. 5D03-4107
SAWAYA, C.J., and SHARP, W., J., concur.
888 So. 2d 730 Florida District Court of Appeal, Fifth District (2004) Positive Treatment
Cited by 2 cases
Opinion of the Court
PLEUS, J.

PLEUS, J.

West appeals his judgment and sentence for failure to register as a sex offender. He argues that the trial court erred by allowing him to plead to this charge when it was undisputed that he lacked knowledge that he was required to register. The State correctly argues that West failed to preserve this argument because he did not reserve the right to appeal a legally dispositive issue upon entering his nolo contendere plea. §§ 924.051(4), 924.06(3), Fla. Stat. (2003); Fla. R.App. P. 9.140(b)(2). Accordingly, we affirm. Leonard v. State, 760 So. 2d 114, 119 (Fla. 2000). Our affirmance is without prejudice to allow West to seek postconviction relief.

AFFIRMED.

SAWAYA, C.J., and SHARP, W., J., concur.

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  • Murphy v. State, 898 So. 2d 1031 (Fla. 5th DCA 2005)
    …fendant pleads nolo contendere or guilty without "expressly reserving the right to appeal a legally dispositive issue” the defendant may not appeal the judgment). See also State v. T.G., 800 So. 2d 204 (Fla.2001) (failed to preserve); West v. State, 888 So. 2d 730 (Fla. 5th DCA 2004) (same); Kearse v. State, 858 So. 2d 1247 (Fla. 5th DCA 2003) (same); Binder v. State, 853 So. 2d 537 (Fla. 5th DCA 2003) (same); Jones v. State, 806 So. 2d 590 (Fla. 5th DCA 2002) (issue not dispositive). . A "knock and talk,” M…
  • West v. State, 915 So. 2d 257 (Fla. 5th DCA 2005)
    …to the charge of failure of a sex offender to [*258] properly register. § 943.0435, Fla. Stat. (2004). He was placed on sex offender probation for five years.1 He filed an appeal, and his judgment and term of probation were affirmed. West v. State, 888 So. 2d 730 (Fla. 5th DCA 2004). Thereafter, West filed his Rule 3.850 motion for post-conviction relief. West claims that counsel was ineffective for failing to advise him that the state would have been required to prove knowledge of the registration requirem…

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