MARK ANTHONY HAUSER
v.
STATE OF FLORIDA
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A challenge to the voluntary nature of a guilty plea based on alleged trial counsel ineffectiveness is not preserved for appellate review without a motion to withdraw the plea, and no fundamental-error exception applies.
[1] A challenge to the involuntariness of a guilty plea based on ineffective assistance of counsel must be preserved by filing a motion to withdraw the plea under Florida Rul…
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Join FLexlaw to unlock all legal intelligence“there is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c)”
Citation to State v. Dortch explaining the strict application of the preservation rule for involuntary plea claims
Hauser entered a guilty plea pursuant to a plea agreement with the State in Dixie County Circuit Court. He appealed, arguing trial counsel rendered in…
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November 29, 2023 PER CURIAM.
Appellant appeals a judgment and sentence following a guilty plea entered pursuant to a plea agreement with the State. He argues trial counsel rendered ineffective assistance, so his entered plea was involuntary. But Appellant did not file a motion to withdraw plea. Accordingly, this issue is not preserved for appeal. See State v. Dortch 317 So. 3d 1074, 1084 (Fla. 2021) (holding that for appeals based on alleged incompetency at the guilty plea, “there is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c)”); Fla. R. App. P. 9.140(b)(2)(A)(ii)(c) (allowing appeal from “involuntary plea, if preserved by a motion to withdraw plea” (emphasis added)).
AFFIRMED.
OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur.
2
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.