HEREDIA
v.
STATE

Fla. 3d DCA | 2018-11-28
No. 16-0136
Florida District Court of Appeal, Third District (2018)

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Holding

A defendant who enters a guilty plea without expressly reserving the right to appeal the denial of a Stand Your Ground motion to dismiss cannot appeal that order, though he may file a post-conviction motion under Florida Rule of Criminal Procedure 3.850.


Headnotes

[1] A defendant who enters a guilty plea without expressly reserving the right to appeal the denial of a pretrial motion to dismiss forfeits the right to appeal that order, t…

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Facts & Procedural History

Dany Heredia entered a guilty plea on December 16, 2015, in Miami-Dade County. Prior to the plea, the trial court denied his motion to dismiss under F…

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Opinion of the Court

PER CURIAM.

Pursuant to Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i), Dany Heredia appeals from a guilty plea entered on December 16, 2015. Specifically, Heredia seeks review of the trial court’s order denying his motion to dismiss under Florida’s Stand Your Ground law. Because Heredia did not expressly reserve the right to appeal the trial court’s denial of his motion to dismiss, we affirm without prejudice to any right Heredia may have to file a post-conviction motion under Florida Rule of Criminal Procedure 3.850. See Williams v. State, 194 So. 3d 511 (Fla. 3d DCA 2016).

Affirmed.


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