Pyle v. State
| Decision Date | 27 March 1992 |
| Docket Number | No. 90-3800,90-3800 |
| Citation | 596 So.2d 744 |
| Parties | 17 Fla. L. Weekly D831 Richard PYLE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, and Abel Gomez, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and James W. Rogers, Asst. Atty. Gen., for appellee.
Richard Pyle has appealed from sentence imposed after pleading nolo contendere to resisting arrest with violence and disorderly intoxication. His counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), averring that he is unable to make a good faith argument for reversible error, save that the special conditions of probation reflected on the written probation order do not conform to the oral pronouncement of those conditions. The state has moved to dismiss the appeal for lack of jurisdiction. We deny the motion to dismiss, and reverse and remand for correction of the written probation order to conform with the oral pronouncement.
The state first moved to dismiss for lack of jurisdiction prior to the filing of the initial brief, citing Pyle's nolo contendere plea. See Sec. 924.06(3), Fla.Stat. (a defendant who pleads nolo contendere with no express reservation of the right to appeal shall have no right to a direct appeal). Despite such a plea, a defendant can maintain a direct appeal if he raises issues which occur at the time the plea is entered: 1) the subject matter jurisdiction, 2) the illegality of the sentence, 3) the failure of the government to abide by the plea agreement, and 4) the voluntary and intelligent character of the plea. Ford v. State, 575 So.2d 1335, 1337 (Fla. 1st DCA 1991), citing Robinson v. State, 373 So.2d 898, 902 (Fla.1979). The state alleged that, because Pyle's sentence was not illegal, this court was without jurisdiction to consider the appeal.
The court denied the motion as premature, in that, in an Anders appeal, only after the initial brief, pro se brief and the complete record on appeal have been filed can the court determine if it lacks jurisdiction and whether dismissal of the appeal is proper. Ford at 1337. After the initial Anders brief was filed (Pyle did not file a pro se brief), the state renewed its motion, which we now deny.
Pyle argues on appeal that his sentence is illegal in that the written order placing him on probation includes a special condition, i.e. that he "submit [to] and pay for urinalysis at the direction of his probation officer," that was not orally pronounced at sentencing. 1 While this court has never held in so many words that this error constitutes an ...
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Brown v. State, 90-3048
...plea. Robinson v. State, 373 So.2d 898, 902 (Fla.1979). See also Simmons v. State, 596 So.2d 1156 (Fla. 1st DCA 1992); Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992); Ford v. State, 575 So.2d 1335, 1337 (Fla. 1st DCA), review denied, 581 So.2d 1310 (Fla.1991). Further, a criminal defendan......
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Williams v. State, 91-2635
...(Fla. 1st DCA), review denied, 581 So.2d 1310 (Fla.1991). See also Robinson v. State, 373 So.2d 898, 900 (Fla.1979); Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992). Because the alleged error in the order of revocation of probation occurred contemporaneously with entry of the plea and sent......
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Holmes v. State, 1D01-3409.
...court to strike the offending condition, so that the written order of probation conforms to the oral pronouncement. See Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992). The appellant's judgment and sentence is otherwise AFFIRMED IN PART, REVERSED IN PART, and REMANDED. BARFIELD, KAHN, and ......
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Christobal v. State
...order of probation to the oral pronouncement thereof. As to the state's motion to dismiss, this court recently held in Pyle v. State, 596 So.2d 744 (Fla. 1st DCA 1992) that it had jurisdiction "to consider those appeals in which the appellants pled nolo contendere, and whose written probati......