MARIO JEROME HICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Mario Jerome Hicks appealed his no contest pleas to three felonies, claiming the trial court erred by failing to hold a competency hearing before accepting his plea. The appellate court dismissed the appeal for lack of jurisdiction because Hicks failed to file a timely motion to withdraw his plea in the trial court, which is a prerequisite to appellate review of such claims.
While a defendant's competency at the time of plea is an issue that may be raised on appeal without specifically reserving the right to do so, the defendant must first file a motion to withdraw the plea with the trial court. Hicks failed to do so, and therefore the appellate court lacks jurisdiction to consider his competency claim.
[1] A defendant must file a motion to withdraw a plea in the trial court to preserve for appellate review issues concerning the voluntary and intelligent character of the ple…
[2] A trial court's failure to order a competency hearing when it has reasonable grounds to believe a defendant is not competent to proceed constitutes an abuse of discretion…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A defendant's competency at the time he enters a guilty or no contest plea is an issue bearing upon the voluntary and intelligent character of the defendant's plea.”
Establishes that competency is relevant to whether a plea is voluntary and intelligent
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Join FLexlaw to unlock all legal intelligenceHicks entered a no contest plea to three felony charges and received sentences. The trial court was aware of Hicks's extensive history of mental healt…
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ORFINGER, J.
Mario Jerome Hicks appeals the judgments entered and sentences imposed following his no contest plea to three felony charges. He contends that the trial court erred by failing to hold a competency hearing prior to accepting his plea. Because the issue was not presented to the trial court in a timely motion to withdraw his plea, we are without jurisdiction to consider Hicks’s claim.
Generally, to obtain appellate review of a plea of guilty or no contest, the defendant must specifically reserve dispositive issues for appeal or file a motion to withdraw the plea in the trial court. Burns v. State, 884 So. 2d 1010, 1012 (Fla. 4th DCA 2004). Following a guilty or no contest plea, a defendant may appeal only the trial court’s lack of subject matter jurisdiction; a violation of a plea agreement, if preserved by a motion to withdraw the plea; an involuntary plea, if preserved by a motion to withdraw the plea; and a sentencing error, if preserved. Fla. R.App. P. 9.140(b)(2)(A); Liebman v. State, 853 So. 2d 514, 515 (Fla. 4th DCA 2003).
Hicks contends that because the trial court was aware of his extensive history of mental health problems, the court should not have accepted his no contest plea. A defendant’s competency at the time he enters a guilty or no contest plea is an issue bearing upon the voluntary and intelligent character of the defendant’s plea. Trawick v. State, 473 So. 2d 1235 (Fla.1985). An issue relating to the voluntary and intelligent nature of the plea falls within the limited class of issues which a defendant may raise on appeal from a guilty or no contest plea without having specifically reserved the right to do so. Robinson v. State, 373 So. 2d 898, 902 (Fla.1979); Burns, 884 So. 2d at 1013. However, before raising such an issue on appeal, the defendant must first file a motion to withdraw the plea with the trial court. Because Hicks failed to do so, we lack jurisdiction to consider his claim. Liebman.
Accordingly, we dismiss this appeal without prejudice to Hicks’s right to seek appropriate and timely postconviction relief in the trial court.
DISMISSED.
PLEUS, C.J. and GRIFFIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (33 total)
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Dortch v. State, 242 So. 3d 431 (Fla. 4th DCA 2018)
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Bailey v. State, 21 So. 3d 147 (Fla. 5th DCA 2009)…, the trial court’s failure to hold a competency hearing once it invoked Florida Rule of Criminal Procedure 3.210. Before raising this issue on appeal, Appellant must first file a motion to withdraw the plea with the trial court. See Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005). Because Appellant failed to do so, we lack jurisdiction to consider her claim. Id. AFFIRMED. MONACO, C.J., and GRIFFIN, J„ concur.…
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Odane Shakes v. State, 185 So. 3d 679 (Fla. 2d DCA 2016)…ing that defendant could not argue for the first time on appeal that the trial court erred in accepting his plea without first holding a competency hearing; error was not preserved by motion to withdraw plea and was not fundamental); Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005) (same). We agree with Ross and Vestal Accordingly, we reverse and remand for the trial court to allow Shakes to withdraw his plea and to hold a proper competency hearing in accordance with this opinion. Reversed; remanded.…1 / 2
Previewing 3 of 33 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)
- Burns v. State, 884 So. 2d 1010 (Fla. 4th DCA 2004)
- Trawick v. State, 473 So. 2d 1235 (Fla. 1985)
- Greenman v. State, 853 So. 2d 514 (Fla. 5th DCA 2003)
- Denver I. Wilson v. State, 853 So. 2d 514 (Fla. 5th DCA 2003)