JAMMIE LEMAIRE
v.
STATE OF FLORIDA

Fla. 1st DCA | 2026-08-19
No. 2025-0966
Colaw, J., Lewis, J., Bilbrey, J., Winokur, J.
2026 FL 10541 Florida District Court of Appeal, First District (2026)

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Holding

A defendant who fails to file a motion to withdraw a nolo contendere plea in the trial court after sentencing cannot challenge the voluntariness of the plea on appeal.


Headnotes

[1] A defendant must file a motion to withdraw a nolo contendere plea in the trial court after sentencing to preserve for appellate review a challenge to the voluntariness of…

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Facts & Procedural History

Jammie Lemaire entered a nolo contendere plea and received a sentence within the criminal punishment code guidelines range. She did not file a motion …

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Opinion of the Court

FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

No. 1D2025-0966

JAMMIE LEMAIRE, Appellant,

V.

STATE OF FLORIDA, Appellee.

On appeal from the Circuit Court for Bradford County. James M. Colaw, Judge.

August 19, 2026

PER CURIAM.

In this Anders* appeal, the appellant challenges the voluntariness of her nolo contendere plea. But the appellant failed to preserve her appellate argument with a motion to withdraw her plea in the trial court after sentencing. See Fla. R. Crim. P. 3.170(l). Appellant's plea did not reserve any issue for appellate review. Documents in the record show that the sentence is within the criminal punishment code guidelines range. Accordingly, the judgment and sentence entered upon the appellant's plea of nolo contendere is AFFIRMED. § 924.06 Stat.; Fla. R. App. P. 9.140(b)(2)(A).

* Anders v. California, 386 U.S. 738 (1967).

LEWIS, BILBREY, and WINOKUR, JJ., concur.

Footnotes
06 Fla.

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