QUINTIN C. TAYLOR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that it lacks jurisdiction to entertain an appeal when a defendant pleads guilty or nolo contendere without reserving the right to appeal and does not seek to withdraw the plea before the trial court.
Appellant pleaded guilty to aggravated assault and second-degree murder, and nolo contendere to arson, failing to reserve his right to appeal. He did …
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DANAHY, Judge.
Appellant Quintín C. Taylor appeals from his judgments and sentences for aggravated assault, second degree murder, and arson. The public defender has filed a motion to withdraw as counsel for appellant pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), on the basis that there are no meritorious grounds for this appeal.
Taylor pled guilty to the charges of aggravated assault and second degree murder. He also entered a plea of nolo contendere to the charge of arson and failed to reserve his right to appeal any ruling by the trial court. By so doing, Taylor waived his right to appeal all matters relating to the judgments, including the issues of guilt or innocence. Fla.R. App.P. 9.140(b)(1); Fla.R.Crim.P. 3.172(c)(iv). The record reflects no appeal-able issues which occurred contemporaneously with the entry of his pleas. See Robinson v. State, 373 So. 2d 898 (Fla.1979); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).
Taylor 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. Counts. Accord, Skinner v. State, 399 So. 2d 1064 (Fla. 5th DCA 1981).
The public defender’s motion to withdraw is hereby granted.
DISMISSED.
RYDER, C.J., and OTT, J., concur.
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Bridges v. Dugger, 518 So. 2d 298 (Fla. 2d DCA 1987)…prior to the imposition of a sentence which on its face is lawful. Accordingly, even if a notice of appeal had been filed the appeal could have been subject to dismissal. See, e.g., Jones v. State, 468 So. 2d 253 (Fla. 2d DCA 1985); Taylor v. State, 453 So. 2d 483 (Fla. 2d DCA 1984); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). In such a situation it is manifestly clear that even had counsel done as Bridges argues he was obliged to do, this would have absolutely no effect upon Bridges’ chances for redre…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- 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)
- Sprague v. Sprague, 399 So. 2d 1064 (Fla. 4th DCA 1981)