TERRENCE RHODES
v.
STATE OF FLORIDA
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Terrence Rhodes appealed his conviction after entering a guilty plea to aggravated child abuse, felony battery, and tampering with a witness. The appellate court dismissed the appeal because Rhodes did not seek review of his judgment and sentence but rather requested to appeal his plea offer, which fell outside the court's appellate jurisdiction.
The appellate court lacked jurisdiction because Rhodes did not seek review of his judgment and sentence but rather requested to appeal his plea offer, which was not within the court's appellate jurisdiction. The appeal was therefore dismissed, with directions for the trial court to treat Rhodes's letters as a motion to withdraw plea.
[1] A defendant's letters to the trial court expressing a desire to appeal a plea offer, without seeking review of the judgment and sentence, do not invoke appellate jurisdic…
[2] A motion to withdraw a plea tolls the time for a defendant to seek review of their judgment and sentence.
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Join FLexlaw to unlock all legal intelligence“Because Appellant did not seek review of his judgment and sentence, he did not invoke this Court's appellate jurisdiction.”
Establishes the jurisdictional defect that led to dismissal—the appellant must seek review of the judgment and sentence, not the plea offer itself.
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Join FLexlaw to unlock all legal intelligenceRhodes entered a negotiated plea agreement and pleaded guilty to aggravated child abuse by great bodily harm, felony battery, and tampering with a wit…
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December 18, 2024 PER CURIAM.
Under a negotiated plea agreement, Appellant pleaded guilty to aggravated child abuse by great bodily harm (count I), felony battery (count III), and tampering with a witness (count IV), in exchange for a sentence of twenty-four months in prison, followed by two years of probation. After the trial court sentenced Appellant in accordance with the agreement, Appellant filed two letters with the trial court stating that he felt “rushed” during his plea hearing and he wished to appeal the plea offer. The trial court clerk treated the first letter as a notice of appeal and transmitted the case to this Court. However, Appellant does not seek review of his judgment and sentence in either letter. Rather, Appellant requests to “appeal [his] plea offer.” Because Appellant did not seek review of his judgment and sentence, he did not invoke this Court’s
appellate jurisdiction. We therefore dismiss the appeal with directions for the trial court to treat Appellant’s letters collectively as a motion to withdraw plea. We note that the motion to withdraw plea tolls the time for Appellant to seek review of his judgment and sentence.
DISMISSED.
B.L. THOMAS, NORDBY, and TANENBAUM, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.