RICHIE KITTLES
v.
STATE OF FLORIDA
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A pro se defendant who challenges the voluntariness of a plea agreement on appeal must file a pre-appeal motion to withdraw the plea, and the juvenile exception established in State v. T.G. does not extend to adult defendants.
[1] A defendant challenging the voluntariness of a plea agreement on appeal must first file a motion to withdraw the plea as required by Florida Rule of Appellate Procedure 9…
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Join FLexlaw to unlock all legal intelligence“no matter how emphatically a court stresses that its reasoning is good-for-one-case-only, every exception begets demands for more”
Court explaining why T.G.'s juvenile exception should not be expanded to create ad hoc exceptions for other categories of defendants
Richie Kittles entered into a plea agreement while representing himself pro se regarding charges of trafficking in fentanyl, possession of cocaine, an…
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FORST, J.
Appellant Richie Kittles (“Defendant”) challenges his plea agreement relating to charges of trafficking in fentanyl, possession of cocaine, and possession of cannabis with intent to sell. Defendant appeared pro se in the trial court, and argues on appeal, through counsel, that his plea was involuntary as a matter of law because his waiver of counsel in the trial court was inadequate.
A plea agreement entered into by a pro se defendant who improperly waived their right to counsel is involuntary as a matter of law. State v. T.G., 800 So. 2d 204, 213 (Fla. 2001). However, to challenge the voluntariness of a plea agreement on appeal, the defendant is required to have first filed a motion to withdraw plea. State v. Dortch, 317 So. 3d 1074, 1084 (Fla. 2021); Fla. R. App. P. 9.140(b)(2)(A)(ii)c. Here, Defendant did not file a motion to withdraw plea prior to filing the instant appeal and, per Dortch, an argument of fundamental error is insufficient to exempt Defendant from the requirement of a timely filed pre-appeal motion to withdraw plea. Dortch, 317 So. 3d at 1081–82. We reject Defendant’s reliance on T.G., which exempts juveniles from the requirement of filing a motion to withdraw plea. The Florida Supreme Court made clear in Dortch that T.G. should not be used for “creating ad hoc exceptions” to rule 9.140(b)(2)(A)(ii)c. Dortch, 317 So. 3d at 1083 (“[N]o matter how emphatically a court stresses that its reasoning is good-forone-case-only, every exception begets demands for more.”). T.G. is a “narrowly drawn and extremely limited exception” that applies only to juveniles because of the “unique concern for juveniles who enter pleas without the benefit of counsel.” T.G., 800 So. 2d at 213. Defendant is not a juvenile so, as in Dortch, T.G. “is easily distinguishable.” Dortch, 317 So. 3d at 1083.
We therefore affirm Defendant’s sentence but do so without prejudice to Defendant raising his claims in a Florida Rule of Criminal Procedure 3.850 motion. See Melendez v. State, 339 So. 3d 498, 501 (Fla. 2d DCA 2022).
Affirmed.
DAMOORGIAN and GERBER, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. T.G., 800 So. 2d 204 (Fla. 2001)
- Javaughn Skinkle v. State (Fla. 5th DCA 2022)
- Melendez v. State, 339 So. 3d 498 (Fla. 2d DCA 2022)