GLENN STEVEN HANES, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Glenn Hanes appealed his guilty plea conviction arguing the plea colloquy was insufficient to establish voluntariness. The court dismissed the appeal for lack of jurisdiction because Hanes failed to file a required motion to withdraw the plea in the trial court before appealing.
A defendant must first file a motion to withdraw the plea in the trial court before raising the issue of an involuntary plea on appeal. Because Hanes did not timely file such a motion, the appellate court lacks jurisdiction to consider his appeal.
[1] A defendant appealing an involuntary plea following a guilty or no contest plea must first file a motion to withdraw the plea in the trial court.
[2] Appellate courts lack jurisdiction to entertain an appeal challenging the voluntariness of a plea when the defendant has not first filed a motion to withdraw the plea in…
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Join FLexlaw to unlock all legal intelligence“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.”
Establishes that involuntariness claims are reviewable without prior reservation but subject to procedural requirements
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Join FLexlaw to unlock all legal intelligenceHanes entered into a negotiated written plea agreement and received a conviction and sentence. He did not timely file a motion to withdraw the plea in…
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Glen Steven Hanes appeals from a final judgment of conviction and sentence following a negotiated written plea agreement. Hanes argues that because the plea colloquy was not thorough, the plea is involuntary.
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). ... 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.
Garcia-Manriquez v. State, 146 So.3d 134 (Fla. 3d DCA 2014) (quoting Hicks v. State, 915 So.2d 740, 741 (Fla. 5th DCA 2005)); see also Fla. R. App. P. 9.140. Hanes concedes that he did not timely file *1074a motion to withdraw the plea. As such, we have no jurisdiction to entertain this appeal. We therefore dismiss without prejudice for Hanes to pursue appropriate post-conviction remedies.
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- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005)
- Burns v. State, 884 So. 2d 1010 (Fla. 4th DCA 2004)
- Greenman v. State, 853 So. 2d 514 (Fla. 5th DCA 2003)
- Denver I. Wilson v. State, 853 So. 2d 514 (Fla. 5th DCA 2003)
- Blas Garcia-Manriquez v. State, 146 So. 3d 134 (Fla. 3d DCA 2014)
- Nivia v. Aurora Loan Servs., LLC, 146 So. 3d 134 (Fla. 3d DCA 2014)