Siders v. State, No. 76--154

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; ALDERMAN and LETTS, JJ., and CLARK, HAROLD R.
Citation342 So.2d 1013
PartiesAndre SIDERS, Appellant, v. STATE of Florida, Appellee.
Decision Date11 February 1977
Docket NumberNo. 76--154

Page 1013

342 So.2d 1013
Andre SIDERS, Appellant,
v.
STATE of Florida, Appellee.
No. 76--154.
District Court of Appeal of Florida, Fourth District.
Feb. 11, 1977.

Page 1014

Richard L. Jorandby, Public Defender, and Frank B. Kessler and Tatjana Ostapoff, Asst. Public Defenders, and Laurie Sistrunk, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for 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 charge 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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2 practice notes
  • Bridges v. State, No. 49976
    • United States
    • United States State Supreme Court of Florida
    • 6 d4 Setembro d4 1979
    ...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 c......
  • Maralanda v. State, Nos. 82-961
    • United States
    • Florida District Court of Appeals
    • 1 d3 Junho d3 1983
    ...West Palm Beach, for appellee. ORDER 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 ANSTEAD, DELL and WALDEN, JJ., concur. ...
2 cases
  • Bridges v. State, No. 49976
    • United States
    • United States State Supreme Court of Florida
    • 6 d4 Setembro d4 1979
    ...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 c......
  • Maralanda v. State, Nos. 82-961
    • United States
    • Florida District Court of Appeals
    • 1 d3 Junho d3 1983
    ...West Palm Beach, for appellee. ORDER 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 ANSTEAD, DELL and WALDEN, JJ., concur. ...

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