ANDRE TAJMAYNE WALSH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the denial of the defendant's motion to dismiss, holding that he waived his right to appeal by entering into a plea bargain without expressly reserving that right. The court clarified that while a defendant can reserve the right to appeal a dispositive issue when pleading open, such a reservation is a negotiable term in a plea bargain.
Yes, the defendant waived his right to appeal the denial of his motion to dismiss because he entered into a plea bargain that did not expressly reserve this right, and the trial court had made it clear it would not accept a bargain that did.
[1] A defendant who pleads nolo contendere or guilty without expressly reserving the right to appeal a legally dispositive issue may not appeal the judgment or sentence.
[2] A trial court may refuse a plea bargain that includes a reservation of the right to appeal a dispositive ruling.
Previewing 2 of 3 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“If a defendant pleads nolo contendere without expressly reserving the right to appeal a legally dispositive issue, or if a defendant pleads guilty without expressly reserving the right to appeal a legally dispositive issue, the defendant may not appeal the judgment or sentence.”
Establishes the statutory basis for prohibiting appeals after certain pleas.
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Join FLexlaw to unlock all legal intelligenceThe defendant initially sought to reserve the right to appeal the denial of his motion to dismiss. The trial court indicated this would only be permit…
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PER CURIAM.
The defendant, Andre Walsh, attempts to appeal the denial of his motion to dismiss after a plea bargain. Defense counsel initially stated he wanted to reserve the right to appeal the denial of his motion to dismiss the case. The trial court stated it would allow that only if the defendant pled open. The defendant then asked for a continuance, which was granted. Subsequently, the case came back before the trial court and a plea bargain was an nounced whereby the defendant would receive no more than 90 days incarceration. Defense counsel did not revisit the prior attempt to reserve the right to appeal. The defendant was sentenced to six months probation.
Florida Statutes section 924.051(4) states:
If a defendant pleads nolo contendere without expressly reserving the right to appeal a legally dispositive issue, or if a defendant pleads guilty without expressly reserving the right to appeal a legally dispositive issue, the defendant may not appeal the judgment or sentence.
Where, as here, the ruling was indisputably dispositive, neither the trial court nor the State can prevent the defendant from pleading open and expressly reserving the right to appeal the ruling. The trial court in this case recognized as much. However, where the plea is bargained for, the right to appeal a dispositive ruling is an element of the bargain and either the trial court or the State can refuse a bargain which would reserve that right. The trial judge in this case made clear that he would not accept a plea bargain which contained a reservation of the right to appeal his denial of the motion to dismiss. After the continuance, the defendant and the State came back with a plea bargain which made no further attempt to reserve the right to appeal. The trial court accepted the bargain, sentencing the defendant to less than 90 days in jail. No dispositive issue having been reserved for appeal, we affirm. See Robinson v. State, 373 So. 2d 898 (Fla.1979).
Affirmed.
STEVENSON, C.J., WARNER and TAYLOR, JJ., concur.
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Lofton v. State (Fla. 1st DCA 2021)…3d 1045, 1052 (Fla. 2011) (“When a criminal defendant seeks to withdraw a negotiated plea, or to attack it collaterally, if he is successful he loses the benefit of the bargain he has elected to attack.”) (citation omitted); see also Walsh v. State, 942 So. 2d 449, 450 (Fla. 4th DCA 2006) (“[W]here the plea is bargained for, the right to appeal a dispositive ruling is an element of the bargain and either the trial court or the State can refuse a bargain which would reserve that right.”). ROWE, M.K. THOMAS, an…
Authorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)