ANDRE SIDERS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The trial court accepted appellant’s plea of guilty in a criminal case conditioned upon appellant having the right to appeal the denial of his motion for discharge under the Speedy Trial Rule, Fla.R. Crim.P. 3.191. The court below assured appellant that his right of appeal had been reserved. This was error. A voluntary plea of guilty in a criminal case waives all defects other than jurisdiction. Rece v. State, 333 So. 2d 494 (Fla. 4th DCA 1976).
Normally we would reverse and remand to allow appellant to withdraw his plea of guilty and enter a new plea of nolo contendere, thereby preserving his right to appeal. State v. Ashby, 245 So. 2d 225 (Fla.1971). This will not be necessary in this case. The trial court’s error was harmless because the point on appeal which appellant sought to preserve is without merit.
AFFIRMED.
ALDERMAN and LETTS, JJ., and CLARK, HAROLD R., Associate Judge, concur.
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Bridges v. State, 376 So. 2d 233 (Fla. 1979)…l his conviction, even though he has raised a constitutional issue. A voluntary plea of [*234] guilty in a criminal case waives all defects other than jurisdiction. State ex rel. Baggs v. Frederick, 124 Fla. 290, 168 So. 252 (1936); Siders v. State, 342 So. 2d 1013 (Fla. 4th DCA 1977). The exception for jurisdictional defects assures that appellate review can always be had where a judgment is based on a charging instrument that wholly fails to charge an offense, Catanese v. State, 251 So. 2d 572 (Fla. 4th DCA…
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Maralanda v. State, 432 So. 2d 639 (Fla. 4th DCA 1983)…PER CURIAM. Affirmed. See State v. Williams, 400 So. 2d 1326 (Fla. 4th DCA 1981); Siders v. State, 342 So. 2d 1013 (Fla. 4th DCA 1977); and State v. McIntyre, 303 So. 2d 675 (Fla. 4th DCA 1975). ANSTEAD, DELL and WALDEN, JJ., concur.…
Authorities Cited
- State v. Ashby, 245 So. 2d 225 (Fla. 1971)
- Rece v. State, 333 So. 2d 494 (Fla. 4th DCA 1976)