Rece v. State, 75--2222
Citation | 333 So.2d 494 |
Decision Date | 13 August 1976 |
Docket Number | No. 75--2222,75--2222 |
Parties | Robert Jackson RECE, Appellant, v. STATE of Florida, Appellee. |
Court | Court of Appeal of Florida (US) |
Lawrence M. Litus, Melbourne, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, and Anthony Musto, Asst. Attys. Gen., West Palm Beach, for appellee.
Appellant, the defendant below, was charged with possession of controlled substance with intent to sell or deliver in violation of Section 893.13(1)(a) 2, Florida Statutes (1975). He attempted to enter a plea of nolo contendere, reserving the right to appeal the trial court's denial of his motion to suppress evidence. The trial judge refused to accept his plea of nolo contendere, but stated:
The case of State v. Ashby, 245 So.2d 225 (Fla.1971) recognized that a defendant could be permitted to plead nolo appellate review of the question of legality of the evidence seized and used against him. The court in Ashby held the practice to be not objectionable since it expedites resolution of the controversy and narrows the issues to be resolved. However the court stated:
'A different result would obtain if the plea was one of guilty rather than nolo contendere, . . .' (At 228.)
The rule in Florida is that a voluntary plea of guilty in a criminal case waives all defects other than jurisdiction. Mixon v. State, 54 So.2d 190 (Fla.1951); Gibson v. State, 173 So.2d 766 (Fla.3rd DCA 1965); Hunter v. State, 174 So.2d 415 (Fla.3rd DCA 1965).
The defendant should have been allowed to enter his plea of nolo contendere so he properly could have preserved his right of appeal. We could reverse and remand the case to allow the defendant to withdraw his plea of guilty and enter a new plea of nolo contendere. However such action will not be necessary in this case. No...
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Siders v. State
...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 conte......