PAVEL MARTINEZ-RUIZ
v.
THE STATE OF FLORIDA
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An appellate court lacks jurisdiction to hear a challenge to plea validity when the defendant failed to file a motion to withdraw the plea in the trial court.
[1] Preservation of issues related to plea validity requires filing a motion to withdraw the plea in the trial court, and this requirement is not subject to fundamental error…
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Join FLexlaw to unlock all legal intelligence“We hold that there is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c).”
State v. Dorch, cited to establish that appellants cannot bypass jurisdictional requirements through fundamental error doctrine
Pavel Martinez-Ruiz appealed from a Circuit Court decision in Monroe County, challenging the validity of his plea without having filed a motion to wit…
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PER CURIAM.
Because Appellant failed to file a motion to withdraw his plea in the trial court, this Court is without jurisdiction to hear the instant appeal. See State v. Dorch, 317 So. 3d 1074, 1084 (Fla. 2021) (“We hold that there is no fundamental-error exception to the preservation requirement of rule
9.140(b)(2)(A)(ii)(c).”); Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005) (holding that the District Court did not have jurisdiction to hear the claim that plea was not voluntary and intelligent where the defendant failed to file a motion to withdraw the plea in trial court). Accordingly, we dismiss the appeal without prejudice so that Appellant can properly seek to withdraw his plea in the trial court.
Dismissed without prejudice.
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- Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005)
- Javaughn Skinkle v. State (Fla. 5th DCA 2022)