RABAH BENELHOCINE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that an appeal from a probation revocation must be dismissed for lack of jurisdiction when the defendant pleads nolo contendere without expressly reserving the right to appeal a legally dispositive issue.
The defendant admitted to violating his probation, which resulted in the revocation of his probation and a jail sentence. He appealed this decision, a…
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PER CURIAM.
Rabah Benelhocine appeals the judgment and sentence entered upon the revocation of his probation. We dismiss the appeal for lack of jurisdiction.
In June 1997, Benelhocine executed a plea form admitting that he violated his probation. As a result, the trial court revoked Benelho-cine’s probation and sentenced him to a term of one year in jail with credit for time served. Benelhocine appealed, arguing that his admission to the probation violation was not voluntary as he was pressured into his plea.
Pursuant to section 924.051(4), Florida Statutes (Supp.1996): “If a defendant pleads nolo contendere without expressly reserving the right to appeal a legally dispositive issue ... the defendant may not appeal the judgment or sentence.” Here, Benelhocine entered his admission plea without reserving the right to appeal any dispositive issue, and without filing a motion to withdraw the plea before the lower tribunal. Thus, Benelhocine has not preserved the issue for appellate review. See § 924.051(4), Fla. Stat. (Supp. 1996); Fla. R.App. P. 9.140(b)(2)(B); Leonard v. State, 23 Fla. L. Weekly D1438 (Fla. 2d DCA 1998). Accordingly, we dismiss this appeal without prejudice to Benelhocine to seek relief from the trial court pursuant to Florida Rule of Criminal Procedure 3.850.
Dismissed.
PARKER, C.J., and FRANK and BLUE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Covert v. State, 775 So. 2d 315 (Fla. 2d DCA 2000)…probation. Because Mr. Covert admitted his violations without reserving the right to appeal any dispositive issue and because he has not filed a motion to withdraw his plea below, he has not preserved any issues for review. See Benelhocine v. State, 717 So. 2d 104 (Fla. 2d DCA 1998) (dismissing appeal from revocation of probation where defendant admitted violations and failed to move for plea withdrawal). See also § 924.051(4), Fla. Stat. (1997). Accordingly, we affirm. The record, however, does not contain a…
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Rabah Benelhocine v. State, 787 So. 2d 38 (Fla. 2d DCA 2001)…l court did not inform Benelhocine that his plea could subject him to deportation. It appears that Benelhocine went to Canada but returned to the United States. His probation was revoked, and he was sentenced to jail time. See Benelhocine v. State, 717 So. 2d 104 (Fla. 2d DCA 1998) (dismissing appeal which raised issue of “coerced plea” without prejudice to file motion pursuant to rule 3.850). Benelhocine contends that the United States Immigration and Naturalization Service began deportation proceedings ag…
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Hundhausen v. State, 747 So. 2d 464 (Fla. 2d DCA 1999)…ion was not made knowingly. We dismiss this appeal for lack of jurisdiction because appellant failed to preserve his right to appeal any legally dis-positive issue as required by section 924.051(4), Florida Statutes (1997). See Benelhocine v. State, 717 So. 2d 104 (Fla. 2d DCA 1998) (dismissing appeal due to defendant’s failure to preserve his right to appeal). This dismissal is without prejudice to appellant to seek relief from the trial court pursuant to Florida Rule of Criminal Procedure 8.850. Dismissed…
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