DAVID E. ISOM
v.
STATE OF FLORIDA
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A defendant who fails to file a motion to withdraw his plea based on competency concerns cannot raise the competency issue on appeal in the Fifth District.
[1] A defendant must file a motion to withdraw his plea based on competency concerns to preserve the competency issue for appellate review in the Fifth District Court of Appe…
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Join FLexlaw to unlock all legal intelligence“Because Isom failed to file a motion to withdraw his plea based on the competency issue, and because of this Court's controlling precedent, we are without jurisdiction to consider that matter.”
Court's explanation for dismissing the appeal
David E. Isom pled nolo contendere to introducing contraband into a jail. During a bench conference, the trial court made comments that prompted Isom …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DAVID E. ISOM,
Appellant,
v. Case No. 5D19-1465
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed June 12, 2020
Appeal from the Circuit Court for Brevard County, Nancy Maloney, Judge.
James S. Purdy, Public Defender, and Shawna R. Moyers, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Appellee.
SASSO, J.
David E. Isom appeals the judgment and sentence after he pled nolo contendere to introducing contraband into a jail. He argues that the trial court erred in failing to hold a competency hearing, citing comments the trial court made during a bench conference. Because Isom failed to file a motion to withdraw his plea based on the competency issue, and because of this Court’s controlling precedent, we are without jurisdiction to consider that matter. See Hammonds v. State, 275 So. 3d 797 (Fla. 5th DCA 2019) (citing Hicks
2
v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005); 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) (receding from position that defendant who may be incompetent to proceed must file motion to withdraw plea to preserve issue of his competency for appellate review), review granted, Case No. SC18-681, 2018 WL 3635017 (Fla. July 11, 2018). Therefore, we dismiss the appeal without prejudice to Isom’s right to seek appropriate and timely postconviction relief below.
DISMISSED.
LAMBERT and TRAVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005)
- Dortch v. State, 242 So. 3d 431 (Fla. 4th DCA 2018)
- Bailey v. State, 21 So. 3d 147 (Fla. 5th DCA 2009)
- Vestal v. State, 50 So. 3d 733 (Fla. 5th DCA 2010)
- Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013)
- Doyle Hilton Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015)
- Hammonds v. State, 275 So. 3d 797 (Fla. 5th DCA 2019)