SERGIO G. CAMPOS-CARRIERA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SERGIO G. CAMPOS-CARRIERA, APPELLANT,
STATE OF FLORIDA, APPELLEE
106 So. 3d 483
Florida District Court of Appeal, Fifth District (2013)
Caution
Cited by 9 cases
Opinion of the Court
Sergio Campos-Carriera (defendant) appeals his judgment and sentence which were entered by the trial court after he pled nolo contendere to the charge of second-degree murder. Because the defendant did not timely file a motion to withdraw his plea, we dismiss this appeal for lack of jurisdiction. See Hicks v. State, 915 So.2d 740 (Fla. 5th DCA 2005). Accord Vestal v. State, 50 So.3d 733 (Fla. 5th DCA 2010). The dismissal is without prejudice to the defendant’s right to seek appropriate and timely postconviction relief in the trial court.
DISMISSED.
ORFINGER, C.J., and PALMER and BERGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ovenshire v. State, 278 So. 3d 103 (Fla. 5th DCA 2019)…eluding. Because Ovenshire failed to file a motion to withdraw his plea, we are without jurisdiction. See Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005); accord Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015); Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013); Vestal v. State, 50 So. 3d 733, 735 (Fla. 5th DCA 2010); Bailey v. State, 21 So. 3d 147, 150 (Fla. 5th DCA 2009). But see Dortch v. State, 242 So. 3d 431, 433 (Fla. 4th DCA), review granted, SC18-681, 2018 WL 3635017 (Fla. July…
-
Hammonds v. State, 275 So. 3d 797 (Fla. 5th DCA 2019)
-
Davide Forrest DeLAFÉ v. State, 124 So. 3d 293 (Fla. 1st DCA 2013)…t. 2531, 159 L.Ed.2d 403 (2004). We remanded the Apprendi/Blakely claim, and directed the postconviction court to conclusively show Appellant is not entitled to relief, conduct a harmless error analysis, or resentence Appellant. See DeLaFé v. State, 106 So. 3d 483, 484 (Fla. 1st DCA 2013). On remand, the postconviction court determined that the sentencing court’s failure to submit the upward departure issue to the jury was harmless error, and accordingly, denied Appellant’s claim. Where an Apprendi/Blakely…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005)
- Vestal v. State, 50 So. 3d 733 (Fla. 5th DCA 2010)