DASMOND T. BRANNON
v.
STATE OF FLORIDA
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A defendant who pleads guilty or nolo contendere may directly appeal only the lower tribunal's lack of subject matter jurisdiction.
[1] A defendant who enters a guilty or nolo contendere plea may directly appeal only the trial court's lack of subject matter jurisdiction, not other issues such as case juri…
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Join FLexlaw to unlock all legal intelligence“A defendant who pleads guilty or nolo contendere may otherwise directly appeal only the lower tribunal's lack of subject matter jurisdiction.”
Statement of the controlling legal standard from Fla. R. App. P. 9.140(b)(2)(A)(ii)a.
Dasmond T. Brannon appealed from a judgment in the Circuit Court for Polk County after entering a guilty or nolo contendere plea.…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2024-2603 Lower Tribunal No. 2021-CF-002658
DASMOND T. BRANNON, Appellant,
V.
STATE OF FLORIDA, Appellee.
Appeal from the Circuit Court for Polk County. Sharon M. Franklin, Judge.
July 2, 2026
PER CURIAM.
AFFIRMED. See Fla. R. App. P. 9.140(b)(2)(A)(ii)a. (“A defendant who pleads guilty or nolo contendere may otherwise directly appeal only the lower tribunal's lack of subject matter jurisdiction.”); JJJTB, Inc. v. Schmidt, 415 So. 3d 129, 132-33 (Fla. 2025) (“Unlike subject matter jurisdiction, a trial court's case jurisdiction may fluctuate depending on the case's procedural posture. For example, when a court enters a final order in an action, it loses its case jurisdiction but maintains its subject matter jurisdiction over the action. In such cases, the parties
must timely notify the trial court that it lacks case jurisdiction or the objection is waived." (citations omitted)).
SMITH, BROWNLEE and PRATT, JJ., concur.
Blair Allen, Public Defender, and Diana L. Johnson, Assistant Public Defender, Bartow, for Appellant.
James Uthmeier, Attorney General, Tallahassee, and J. Wade Stidham, Assistant Attorney General, Tampa, for Appellee.