Ramey v. State, No. 7391

CourtCourt of Appeal of Florida (US)
Writing for the CourtPIERCE; ALLEN, C.J., and HOBSON
Citation199 So.2d 104
PartiesJohnny RAMEY, Appellant, v. STATE of Florida, Appellee.
Decision Date17 May 1967
Docket NumberNo. 7391

Page 104

199 So.2d 104
Johnny RAMEY, Appellant,
v.
STATE of Florida, Appellee.
No. 7391.
District Court of Appeal of Florida, Second District.
May 17, 1967.

Walter R. Talley, Public Defender, William H. Namack, III, Asst. Public Defender, Bradenton, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Robert R. Crittenden, Asst. Atty. Gen., Lakeland, for appellee.

PIERCE, Judge.

ON MOTION TO DISMISS

The State of Florida, as appellee, has moved to dismiss this appeal upon the ground that Johnny Ramey, appellant herein, entered plea of guilty in the Court below, was adjudged guilty and sentenced, and is now attempting to appeal from said judgment, which the State contends is not reviewable by appeal. The State cites an excerpt from Gibson v. State, Fla.App.1965, 173 So.2d 766, text 768, as follows:

'* * * a judgment entered on a plea of guilty ordinarily cannot be reviewed by appeal. State ex rel. Baggs v. Frederick, 1936, 124 Fla. 290, 168 So. 252; Perez v. State, Fla.App.1963, 151 So.2d 865.'

The case of Clayton v. State, Fla.App.1966, 188 So.2d 395, text 396, also a 3rd District Court case, is likewise cited, but it merely follows Gibson.

In the Gibson case, from which the above quotation was taken, Gibson at first entered plea of not guilty to a charge of first degree murder, later entering a plea of guilty with permission of the Court to a charge of murder in the second degree and was sentenced to life imprisonment. Gibson subsequently filed his petition under Criminal Procedure Rule No. 1, F.S.A ch. 924 Appendix contending that he was denied assistance of counsel by the trial Court, that illegal evidence was obtained from him under duress, and that he was denied a preliminary hearing. The trial Court denied such petition under C.P.R. No. 1, and Gibson appealed to the 3rd District Court. That Court took up seriatim each of the points relied upon as aforesaid, disposed of them adverse to Gibson, And affirmed the case on the merits. In the course of the opinion the Court observed:

'The attorney for petitioner indicated that the appellant freely and voluntarily changed his plea upon the advice of

Page 105

counsel, and there was no showing that any alleged statement of the appellant had ever been used against him. It should also be remembered that a voluntary plea of guilty in a criminal case waives all defects other than jurisdictional, 2 Fla.Jur., Appeals, § 312, P. 668 citing Mixon v. State, Fla.1951, 54 So.2d 190; and further, that a judgment entered on a plea of guilty ordinarily cannot be reviewed by appeal. State ex rel. Baggs v. Frederick, 1936, 124 Fla. 290, 168 So. 252; Perez v. State, Fla.App.1963, 151 So.2d 865.'

The latter portion of the last above quotation is the passage contained in the State's motion here. But it will be noted that such statement at best is mere Obiter because the appeal there was from an order denying a petition under C.P.R. No. 1, and the appeal was affirmed on the merits, not dismissed upon any motion. We will review State ex rel. Baggs v. Frederick and Perez v. State, cited in support thereof.

In the Baggs case, the defendant Baggs had pleaded guilty to the charge of assault and battery in a Justice of the Peace Court and had then sought to appeal a judgment entered upon such plea of guilty to the Circuit Court. Under the Constitutional and Statutory provisions then obtaining, an accused upon such appeal could demand and receive trial de novo in the Circuit Court. Baggs' appeal had been dismissed by the Circuit Court upon the ground that an appeal would not lie where the accused pleaded guilty in the...

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4 practice notes
  • Dow v. State
    • United States
    • Supreme Judicial Court of Maine (US)
    • 6 Abril 1971
    ...on a plea of guilty as a matter of right. See, People v. Garrow, 1968, 30 A.D.2d 618, 290 N.Y.S.2d 694; Ramey v. State, 1967, Fla.App., 199 So.2d 104. Appellate review in Maine is strictly statutory as the common law provided no appeal. State v. Bey, 1965, 161 Me. 23, 206 A.2d 413; Sears, r......
  • Bridges v. State, No. 49976
    • United States
    • United States State Supreme Court of Florida
    • 6 Septiembre 1979
    ...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 I would entertain the appeal. ...
  • Cravero v. State, Nos. 75--1628
    • United States
    • Florida District Court of Appeals
    • 16 Junio 1976
    ...any area of review is available to a defendant, the appellate court should not dismiss or quash the appeal. Ramey v. State, Fla.App.1967, 199 So.2d 104, 106. Accordingly, the motion to dismiss is All appeals of Cravero, Chandler and Greenwood, Case Numbers 75--1519, 75--1628, 75--1913, 75--......
  • Ramey v. State, No. 7391
    • United States
    • Court of Appeal of Florida (US)
    • 28 Julio 1967
    ...District. July 28, 1967. Appeal from Circuit Court, Sarasota County; John D. Justice, Judge. PER CURIAM. Affirmed. See also Fla.App., 199 So.2d 104. ...
4 cases
  • Dow v. State
    • United States
    • Supreme Judicial Court of Maine (US)
    • 6 Abril 1971
    ...on a plea of guilty as a matter of right. See, People v. Garrow, 1968, 30 A.D.2d 618, 290 N.Y.S.2d 694; Ramey v. State, 1967, Fla.App., 199 So.2d 104. Appellate review in Maine is strictly statutory as the common law provided no appeal. State v. Bey, 1965, 161 Me. 23, 206 A.2d 413; Sears, r......
  • Bridges v. State, No. 49976
    • United States
    • United States State Supreme Court of Florida
    • 6 Septiembre 1979
    ...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 I would entertain the appeal. ...
  • Cravero v. State, Nos. 75--1628
    • United States
    • Florida District Court of Appeals
    • 16 Junio 1976
    ...any area of review is available to a defendant, the appellate court should not dismiss or quash the appeal. Ramey v. State, Fla.App.1967, 199 So.2d 104, 106. Accordingly, the motion to dismiss is All appeals of Cravero, Chandler and Greenwood, Case Numbers 75--1519, 75--1628, 75--1913, 75--......
  • Ramey v. State, No. 7391
    • United States
    • Court of Appeal of Florida (US)
    • 28 Julio 1967
    ...District. July 28, 1967. Appeal from Circuit Court, Sarasota County; John D. Justice, Judge. PER CURIAM. Affirmed. See also Fla.App., 199 So.2d 104. ...

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