HAMMONDS
v.
STATE
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An appellate court lacks jurisdiction to review a sentence imposed after a guilty or no contest plea when the defendant fails to file a motion to withdraw the plea.
[1] A defendant who enters a no contest plea must file a motion to withdraw that plea to preserve appellate jurisdiction over a challenge to the imposed sentence.
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Join FLexlaw to unlock all legal intelligenceHammonds entered a no contest plea and subsequently appealed his sentence. He did not file a motion to withdraw his plea.…
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PER CURIAM.
Christopher Hammonds appeals his sentence after entering a no contest plea. Because Hammonds failed to file a motion to withdraw his plea, we are without jurisdiction. See Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005) ; accord 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), review granted, SC18-681, 2018 WL 3635017 (Fla. July 11, 2018). Consequently, we dismiss the appeal *798without prejudice to Hammonds's right to seek appropriate and timely postconviction relief below.
DISMISSED.
ORFINGER, WALLIS and EISNAUGLE, JJ., concur.
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Citator
Cited By
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Chandler Campbell v. State (Fla. 5th DCA 2020)
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Isom v. State (Fla. 5th DCA 2020)
-
Nieves v. State (Fla. 5th DCA 2020)
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)
- A.C. v. Fla. Dep't OF Child. & Families, 181 So. 3d 574 (Fla. 4th DCA 2016)