Walker v. State, 3

• Decision Date: 19 May 1999
• Docket Number: 99948,3
• Parties: Vontoria D. WALKER, Petitioner, v. STATE of Florida, Respondent.
• Court: Florida District Court of Appeals

Vontoria D. WALKER, Petitioner, v. STATE of Florida, Respondent.

No. 99-948.

District Court of Appeal of Florida,

Third District.

May 19, 1999.

An appeal from the Circuit Court for Dade County, Jerald Bagley, Judge.

Vontoria D. Walker, in proper person.

Robert A. Butterworth, Attorney General, for appellee.

Before COPE, LEVY and GODERICH, JJ.

PER CURIAM.

Vontoria Devon Walker petitions for a belated appeal of multiple criminal convictions entered on a plea of guilty. In the plea colloquy, defendant-appellant Walker expressly waived the right to appeal. Defendant asserts that after sentencing, he asked his attorney to appeal and counsel informed him that because of the plea, he had given up his right to appeal the judgment and sentence.

We have held in previous cases that where a defendant enters into a plea or expressly waives the right to appeal, then a petition for belated appeal will be denied unless the petition explicitly alleges one of the limited circumstances in which a defendant is allowed a direct appeal after a guilty or no contest plea. See Ponce v. State, 722 So.2d 838, 839 (Fla. 3d DCA 1998); Battie v. Singletary, 718 So.2d 323, 324 (Fla. 3d DCA 1998); Gonzalez v. Singletary, 713 So.2d 1057, 1058 (Fla. 3d DCA) review granted, 719 So.2d 892 (Fla.1998); White v. Singletary, 711 So.2d 640 (Fla. 3d DCA 1998); Gonzalez v. State, 685 So.2d 975 (Fla. 3d DCA 1997); Loadholt v. State, 683 So.2d 596 (Fla. 3d DCA 1996). The limited circumstances in which a defendant may directly appeal after a guilty or no contest plea are now found in Florida Rule of Appellate Procedure 9.140(b)(2)(B), which codifies the exceptions previously announced in Robinson v. State, 373 So.2d 898 (Fla.1979).

We acknowledge that the First District Court of Appeal has taken a contrary position in Trowell v. State, 706 So.2d 332 (Fla. 1st DCA), review granted, 718 So.2d 172 (Fla.1998), and we certify direct conflict with that decision.

Affirmed; direct conflict certified.