Skinner v. State, 80-975
| Citation | 399 So.2d 1064 |
| Decision Date | 17 June 1981 |
| Docket Number | No. 80-975,80-975 |
| Parties | Marcie W. SKINNER, Appellant, v. STATE of Florida, Appellee. |
| Court | Court of Appeal of Florida (US) |
James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, and Marcie W. Skinner, pro se, Avon Park, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.
Skinner appeals from a judgment adjudicating him guilty of robbery. The public defender filed an Anders 1 motion and brief, requesting leave to withdraw as counsel for appellant. Appellant filed a pro se brief in which he questioned the validity of his plea due to his possible incompetency at the time the plea was entered.
The appellant pled nolo contendere and failed to reserve his right to appeal any issue. By so doing appellant waived his right to appeal all matters relating to the judgment except certain appealable issues which might have occurred contemporaneously with the entry of the plea. Fla.R.App.P. 9.140(b) (1); Fla.R.Crim.P. 3.172(c)(iv). See Robinson v. State, 373 So.2d 898 (Fla.1979). This limited class of issues set out in Robinson includes "the voluntary and intelligent character of the plea." However, Robinson provides that an appeal from a guilty plea should never be a substitute for a motion to withdraw a plea and such issues should first be presented to the trial court. This court has held that the same principle applies to a plea of nolo contendere entered without a reservation of the right to appeal. In the Interest of: S. C. v. State, 388 So.2d 643 (Fla. 5th DCA 1980).
Appellant did not seek to withdraw his plea before the trial court. Therefore, we have no jurisdiction to entertain this appeal. Accordingly, the appeal is dismissed without prejudice to appellant to seek appropriate collateral relief in the trial court. Gastineau v. State, 398 So.2d 492 (Fla. 5th DCA 1981); In the Interest of: S. C. v. State, 388 So.2d 643 (Fla. 5th DCA 1980); Johnson v. State, 388 So.2d 621 (Fla. 5th DCA 1980).
The public defender's motion to withdraw is hereby granted.
DISMISSED.
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...where the defendant pled nolo contendere without reservation, Maralit v. State, 468 So.2d 490 (Fla. 1st DCA 1985); Skinner v. State 399 So.2d 1064 (Fla. 5th DCA 1981). Because of this rule of law many appeals from judgments and sentences entered upon pleas of guilty and nolo contendere with......
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Fields v. State, 89-1937
...a right to appeal, no right of direct appeal exists on these issues. Robinson v. State, 373 So.2d 898 (Fla.1979); see Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981); § 924.06(3), Fla.Stat. (1989); Fla.R.Crim.P. Fields also argues that, when he pled no contest to the two counts of perj......
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Kalapp v. State, 98-1621.
...at the time he entered his plea or file a motion to withdraw his plea either before or after he was sentenced. See Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981). See also Abney v. State, 685 So.2d 1027 (Fla. 5th DCA 1997). However, for purposes of judicial efficiency and economy and ......
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Abney v. State, 96-1309
...his judgment unless he first files a motion to withdraw his plea with the trial court and that motion is denied. See Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981). Accord Hughes v. State, 565 So.2d 354 (Fla. 1st DCA 1990); Harris v. State, 563 So.2d 792 (Fla. 1st DCA 1990); Newbold v......