IVES RENNA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant Renna appealed the circuit court's denial of his motion to dismiss, which he filed before entering a guilty plea. The Fourth District affirmed, holding that the defendant failed to expressly reserve the right to appeal the dismissal motion as required by Florida law, and that any subsequent motion to withdraw the plea was a nullity filed after notice of appeal divested the trial court of jurisdiction.
A defendant who pleads guilty may not appeal from the guilty plea or a prior dispositive order unless the defendant expressly reserves the right to appeal that prior order with particularity. Additionally, a motion to withdraw a plea filed after notice of appeal is a nullity because the notice of appeal divests the trial court of jurisdiction to consider the motion.
[1] A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity…
[2] A notice of appeal divests the trial court of jurisdiction to consider subsequent motions.
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Join FLexlaw to unlock all legal intelligence“A defendant may not appeal from a guilty or nolo contendere plea except as follows: ... A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved.”
Establishes the requirement that defendants must expressly reserve appellate rights when pleading guilty
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Join FLexlaw to unlock all legal intelligenceDefendant Renna filed a motion to dismiss in the circuit court. After the motion was denied, he entered a guilty plea without expressly reserving the …
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The defendant appeals the circuit court’s denial of his motion to dismiss, which preceded his guilty plea. We affirm. The defendant, when pleading guilty, did not expressly reserve the right to appeal the order denying his motion to dismiss as a prior dispositive order of the lower tribunal. See Fla. R.App. P. 9.140(b)(2)(A)(i)(2011) (“A defendant may not appeal from a guilty or nolo contendere plea except as follows: ... A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved.”); Leonard, v. State, 760 So.2d 114, 119 (Fla.2000) (“[T]he district courts should affirm summarily ... when the court determines that an appeal does not present ... a legally dispositive issue that was expressly reserved for appellate review. ...”).
The defendant’s brief also argues that the circuit court erred in denying his motion to withdraw plea. However, the defendant filed his notice of appeal of the order denying his motion to dismiss before filing his motion to withdraw plea. Thus, his motion to withdraw plea, and the circuit court’s order denying that motion, are nullities which we may not review in this appeal. See Adkinson v. State, 36 So.3d 836, 836-37 (Fla. 1st DCA 2010) (“[T]he motion to withdraw the plea was filed after the notice of appeal, which divested the trial court of jurisdiction to consider the motion.... Because the trial court was without jurisdiction to consider Appellant’s motion to withdraw plea, the trial court should have dismissed the motion rather than denying it on the merits.”) (citations omitted); Lauderdale Marine Ctr., Ltd. v. MYD Marine Distribs., Inc., 31 So.3d 256, 257 (Fla. 4th DCA 2010) (“This court may review only proceedings occurring prior to the date of appellant’s notice of appeal.”) (citing Fla. R.App. P. 9.110(h)).
Affirmed.
CIKLIN and LEVINE, JJ., concur.
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Dorsett v. State, 166 So. 3d 898 (Fla. 4th DCA 2015)…n, 60 So. 3d at 1051 n. 2. Appellant’s second claim is meritless as the alleged disproportionality between his sentence, and the sentence of his co-defendant, does not establish an “illegal sentence” cognizable under rule 3.800(a). Shivers v. State, 96 So. 3d 1039, 1040 (Fla. 4th DCA 2012). Affirmed. GERBER, LEVINE and KLINGENSMITH, JJ., concur.…
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Jabari S. Gray v. State, 98 So. 3d 1214 (Fla. 3d DCA 2012)…(Fla. 3d DCA 2005) (recognizing that a defendant’s claim that his sentence was disproportionate is not cognizable on a motion to correct illegal sentence (citing Lylcins v. State, 894 So. 2d 302, 303 (Fla. 3d DCA 2005))); see also Shivers v. State, 96 So. 3d 1039 (Fla. 4th DCA 2012).…
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Sheffield v. State, 202 So. 3d 439 (Fla. 2d DCA 2016)…09); Coughlin v. State, 932 So. 2d 1224 (Fla. 2d DCA 2006) (en banc); Shortridge v. State, 884 So. 2d 321 (Fla. 2d DCA 2004); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Dorsett v. State, 166 So. 3d 898 (Fla. 4th DCA 2015); Shivers v. State, 96 So. 3d 1039 (Fla. 4th DCA 2012); Atwater v. State, 781 So. 2d 1149 (Fla. 5th DCA 2001); Robinson v. State, 642 So. 2d 644 (Fla. 4th DCA 1994). KELLY, BLACK, and SALARIO, 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
- Leonard v. State, 760 So. 2d 114 (Fla. 2000)
- Lauderdale Marine Ctr., Ltd. v. MYD Marine Distribs., Inc., 31 So. 3d 256 (Fla. 4th DCA 2010)
- Adkinson v. State, 36 So. 3d 836 (Fla. 1st DCA 2010)