Bridges v. State, No. 49976

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; ENGLAND; ADKINS; ADKINS
Citation376 So.2d 233
PartiesCharles Eddie BRIDGES, Appellant, v. STATE of Florida, Appellee.
Decision Date06 September 1979
Docket NumberNo. 49976

Page 233

376 So.2d 233
Charles Eddie BRIDGES, Appellant,
v.
STATE of Florida, Appellee.
No. 49976.
Supreme Court of Florida.
Sept. 6, 1979.
Rehearing Denied Nov. 19, 1979.

Yale T. Freeman, Hirschhorn & Freeman, P.A., Miami, Sp. Public Defenders, for appellant.

Jim Smith, Atty. Gen., Ira N. Loewy, Asst. Atty. Gen., Miami, for appellee.

ORDER

PER CURIAM.

Charles Eddie Bridges was convicted in the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, of the crime of burglary. He seeks appeal of his conviction to this Court pursuant to Article V, Section 3(b)(1), Florida Constitution, because the trial court, in denying a motion to dismiss, passed upon the constitutionality of the burglary statute. However, the judgment of conviction was entered pursuant to a plea of guilty. A defendant who pleads guilty to a charge cannot appeal his conviction, even though he has raised a constitutional issue. A voluntary plea of

Page 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 1971), or where a court imposes an illegal sentence. Ex parte Bosso, 41 So.2d 322 (Fla.1949); Williams v. State, 280 So.2d 518 (Fla. 3d DCA 1973).

The appeal is dismissed. See Robinson v. State, 373 So.2d 898 (Fla.1979).

It is so ordered.

ENGLAND, C. J., and BOYD, OVERTON, SUNDBERG and ALDERMAN, JJ., concur.

ADKINS, J., dissents with an opinion.

ADKINS, Justice, dissenting.

I dissent.

It is elementary that parties cannot by agreement between themselves confer jurisdiction upon a court; nor can jurisdiction arise by virtue of inadvertence of the parties or their counsel; nor can jurisdiction arise by waiver.

If a defendant is charged with the violation of an unconstitutional criminal statute, no court has jurisdiction of the offense. A defendant has the right as a matter of law to have his judgment of conviction reviewed by this Court, when he attacks the validity of the statute, even though he pled guilty. See Ramey v. State, 199 So.2d 104 (Fla. 2d DCA 1967).

I would entertain the appeal.

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9 practice notes
  • Leichtman v. Singletary, No. 94-1308
    • United States
    • Court of Appeal of Florida (US)
    • 29 Mayo 1996
    ...and sentence have resulted from a guilty plea. See Robbins v. State, 413 So.2d 840, 841 (Fla. 3d DCA 1982) (citing Bridges v. State, 376 So.2d 233 (Fla.1979)); see also Chikitus v. Shands, 373 So.2d 904 (Fla.1979); Williams v. State, 280 So.2d 518 (Fla. 3d DCA Based on the foregoing and pri......
  • Gray v. State, No. 80-480
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1981
    ...exception for jurisdictional defects 5 allows appellate review where a charging instrument fails to charge an offense. Bridges v. State, 376 So.2d 233 (Fla. 1979). Thus, even though a defendant may have entered a plea of guilty, where the information wholly fails to charge a crime against t......
  • Robbins v. State, No. 76-2264
    • United States
    • Court of Appeal of Florida (US)
    • 11 Mayo 1982
    ...where a court has imposed an illegal sentence, even if the judgment and sentence have resulted from a guilty plea. Bridges v. State, 376 So.2d 233 (Fla.1979); see also Chikitus v. Shands, Page 842 373 So.2d 904 (Fla.1979). And, where fundamental error (such as a sentence which exceeds the l......
  • Snow v. State, No. 80-1223
    • United States
    • Florida District Court of Appeals
    • 3 Junio 1981
    ...have waived their right to appeal the denial of their motion for discharge as to the counts to which they pled guilty. Bridges v. State, 376 So.2d 233 The real issue before us is when the 180-day speedy trial time provided by Florida Rule of Criminal Procedure 3.191(a)(1) began to run in th......
  • Request a trial to view additional results
9 cases
  • Leichtman v. Singletary, No. 94-1308
    • United States
    • Court of Appeal of Florida (US)
    • 29 Mayo 1996
    ...and sentence have resulted from a guilty plea. See Robbins v. State, 413 So.2d 840, 841 (Fla. 3d DCA 1982) (citing Bridges v. State, 376 So.2d 233 (Fla.1979)); see also Chikitus v. Shands, 373 So.2d 904 (Fla.1979); Williams v. State, 280 So.2d 518 (Fla. 3d DCA Based on the foregoing and pri......
  • Gray v. State, No. 80-480
    • United States
    • Court of Appeal of Florida (US)
    • 7 Octubre 1981
    ...exception for jurisdictional defects 5 allows appellate review where a charging instrument fails to charge an offense. Bridges v. State, 376 So.2d 233 (Fla. 1979). Thus, even though a defendant may have entered a plea of guilty, where the information wholly fails to charge a crime against t......
  • Robbins v. State, No. 76-2264
    • United States
    • Court of Appeal of Florida (US)
    • 11 Mayo 1982
    ...where a court has imposed an illegal sentence, even if the judgment and sentence have resulted from a guilty plea. Bridges v. State, 376 So.2d 233 (Fla.1979); see also Chikitus v. Shands, Page 842 373 So.2d 904 (Fla.1979). And, where fundamental error (such as a sentence which exceeds the l......
  • Snow v. State, No. 80-1223
    • United States
    • Florida District Court of Appeals
    • 3 Junio 1981
    ...have waived their right to appeal the denial of their motion for discharge as to the counts to which they pled guilty. Bridges v. State, 376 So.2d 233 The real issue before us is when the 180-day speedy trial time provided by Florida Rule of Criminal Procedure 3.191(a)(1) began to run in th......
  • Request a trial to view additional results

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