IN THE INTEREST OF L.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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A minor appealed from a guilty plea in a delinquency case, challenging the validity of a waiver of counsel and alleging failure to serve a summons and petition on a previously appointed guardian ad litem. The appellate court dismissed the appeal, holding that indirect attacks on guilty pleas must first be raised in trial court through a motion to withdraw the plea.
The court held that indirect attacks on the validity of a guilty plea in juvenile proceedings must first be raised in the trial court through a motion to withdraw the guilty plea, following the same requirements applicable to criminal cases under section 924.06(3), Florida Statutes, and Florida Rule of Appellate Procedure 9.140(b)(1). The appeal was therefore dismissed without prejudice.
[1] A direct appeal challenging the voluntariness of a guilty plea requires a prior motion to withdraw the plea in the trial court.
[2] Appellate courts dismiss appeals when the issues raised were not first presented to the trial court.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“As the matters argued constitute an indirect attack on the validity of the guilty plea they should be first urged in the trial court by a motion to withdraw the guilty plea on those grounds and an appeal taken only from an adverse ruling.”
Establishes the procedural requirement that challenges to guilty plea validity must first be raised in trial court through a motion to withdraw.
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Join FLexlaw to unlock all legal intelligenceL.L., a minor, entered a guilty plea in a delinquency proceeding. The appellant attacked the validity of a written waiver of counsel and claimed the S…
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COWART, Judge.
This is an appeal from a plea of guilty in a delinquency case in which appellant, a minor, attacks the validity of a written waiver of counsel and challenges the State’s failure to serve, under section 39.06(4)(c), Florida Statutes (1981), a summons and the delinquency petition on a guardian ad litem previously appointed in two separate dependency proceedings.
As the matters argued constitute an indirect attack on the validity of the guilty plea they should be first urged in the trial court by a motion to withdraw the guilty plea on those grounds and an appeal taken only from an adverse ruling. Section 924.06(3), Florida Statutes, and Florida Rule of Appellate Procedure 9.140(b)(1) limit appeals in criminal cases from judgments entered upon pleas of guilty. Those limitations on criminal appeals have been implemented by Robinson v. State, 373 So. 2d 898 (Fla.1979), and Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979), which hold that a motion to withdraw a plea of guilty is a prerequisite to a direct appeal challenging the voluntariness of the plea. This court has applied the principle of the criminal statute and appellate rule and of Robinson and Counts to juvenile proceedings. See In the interest of S.C. v. State, 388 So. 2d 643 (Fla. 5th DCA 1980). Therefore we dismiss this appeal. A dismissal of an appeal because the matter sought to be reviewed is required to be, but has not been, first presented to the .trial court is but the application of a rule of law relating to appellate review and is never an adverse adjudication in the appellate court on the merits of the points of law that were attempted to be presented to the appellate court. Therefore, without it being said in each and every case the dismissal of the appeal is always without prejudice to appellant’s right to properly initiate the matter in the trial court if presentation there has not been barred by some other limitation.
DISMISSED.
ORFINGER, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. T.G., 800 So. 2d 204 (Fla. 2001)…for rehearing, the State contended that the appellate court lacked jurisdiction to consider the appeal because T.G. never moved the trial court to withdraw the plea. In its opinion denying rehearing, the Fifth District concluded that L.L. v. State, 429 So. 2d 347 (Fla. 5th DCA 1983), had been implicitly overruled by State v. 716 So. 2d 269 (Fla.1998), thereby indicating that statutes and rules addressing appeals from guilty or nolo pleas in criminal cases did not apply to similar appeals in juvenile delinque…1 / 2
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T.G. v. State, 741 So. 2d 517 (Fla. 5th DCA 1999)…to consider the appeal because appellant had failed to file a motion in the trial court to withdraw his plea, and cites L.L. v. State, 429 So. 2d 347 (Fla. 5th DCA 1983), as authority for the proposition that jurisdiction here requires that a motion to withdraw the plea be filed and denied before appellate jurisdiction can be obtained. L.L. applied section 924.06(3),2 Florida Statutes and Florid…
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Tippett v. State, 429 So. 2d 795 (Fla. 5th DCA 1983)…PER CURIAM. Appeal dismissed. See Robinson v. State, 373 So. 2d 898 (Fla.1979); In the Interest of L.L. v. State, 429 So. 2d 347 (Fla. 5th DCA 1983); In the Interest of S.C. v. State, 388 So. 2d 643 (Fla. 5th DCA 1980); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). ORFINGER, C.J., and DAUKSCH and COBB, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- In the Interest of: S. C. v. State, 388 So. 2d 643 (Fla. 5th DCA 1980)