JEFFREY RAY SUNDWALL
v.
THE STATE OF FLORIDA

Fla. 3d DCA | 2021-11-24
No. 21-1464
Florida District Court of Appeal, Third District (2021)

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Holding

A defendant who pleads guilty or nolo contendere without expressly reserving the right to appeal a legally dispositive issue may file a motion to withdraw the plea within thirty days after sentencing.


Headnotes

[1] A defendant who pleads guilty or nolo contendere without expressly reserving the right to appeal a legally dispositive issue may file a motion to withdraw the plea within…

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Facts & Procedural History

Sundwall entered a guilty or nolo contendere plea without expressly reserving the right to appeal a legally dispositive issue. He appealed the convict…

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Opinion of the Court

PER CURIAM.

Affirmed without prejudice to the filing of a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Fla. R. Crim. P. 3.170(l) (“A defendant who pleads guilty or nolo contendere without expressly reserving the right to appeal a legally dispositive issue may file a motion to withdraw the plea within thirty days after the rendition of the sentence . . . .”); State v. Bullard, 858 So. 2d 1189, 1192 (Fla. 2d DCA 2003) (“[W]e note that the trial court should not have ordered a new trial on the count for battery on a law enforcement officer because Bullard had already entered a plea on that charge.”).


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