BLAS GARCIA-MANRIQUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The appellate court lacks jurisdiction to consider a claim regarding the voluntary and intelligent nature of a guilty plea if the defendant did not first file a motion to withdraw the plea in the trial court.
Bias Gareia-Manriquez pleaded guilty and appealed, claiming the court erred in accepting a plea with which he did not entirely agree. He did not file …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Voluntary And Intelligent Guilty Plea cases and more on FLexlaw
Bias Gareia-Manriquez appeals from a final judgment of conviction and sentence entered following a guilty plea. He claims that the court below erred in accepting a plea with which he did not entirely agree. Because the issue was not presented to the trial court in a timely motion to withdraw his plea, we are without jurisdiction to consider this claim:
Generally,- to obtain appellate review of a plea of guilty or no contest, the defendant must specifically reserve dis-positive issues for appeal or file a motion to withdraw the plea in the trial court. Bums v. State, 884 So.2d 1010, 1012 (Fla. 4th DCA 2004). Following a guilty or no contest plea, a defendant may appeal only the trial court’s lack of subject matter jurisdiction; a violation of a plea agreement, if preserved by a motion to withdraw the plea; an involuntary plea, if preserved by a motion to withdraw the plea; and a sentencing error, if preserved. Fla. R. App. P. 9.140(b)(2)(A); Liebman v. State, 853 So.2d 514, 515 (Fla. 4th DCA 2003).
... An issue relating to the voluntary and intelligent nature of the plea falls ■ within the limited class of issues which a defendant may raise on appeal from a guilty or no contest plea without having specifically reserved the right to do so. Robinson v. State, 373 So.2d 898, 902 (Fla.1979); Burns, 884 So.2d at 1013. However, before raising such an issue on appeal, the defendant must first file a motion to withdraw the plea with the trial court. Because Hicks failed to do so, we lack jurisdiction to consider his claim. Liebman.
Hicks v. State, 915 So.2d 740, 741 (Fla. 5th DCA 2005); see also Fla. R. App. P. 9.140(b)(2)(A).
Because Gareia-Manriquez failed to file a motion to withdraw his plea, we dismiss this appeal without prejudice to Gareia-Manriquez’ right to seek appropriate and timely post-conviction relief below.
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dortch v. State, 242 So. 3d 431 (Fla. 4th DCA 2018)
-
State v. Vernson Edward Dortch, 317 So. 3d 1074 (Fla. 2021)
-
Hanes v. State, 232 So. 3d 1073 (Fla. 3d DCA 2017)…to do so. Robinson v. State, 373 So. 2d 898, 902 (Fla. 1979); Burns, 884 So. 2d at 1013. However, before raising such an issue on appeal, the defendant must first file a motion .to withdraw the plea with the trial court. Garcia-Manriquez v. State, 146 So. 3d 134 (Fla. 3d DCA 2014) (quoting Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005)); see also Fla. R. App. P. 9.140. Hanes concedes that he did not timely file [*1074] a motion to withdraw the plea. As such, we have no jurisdiction to entertain thi…
Previewing 3 of 5 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)
- Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005)
- Burns v. State, 884 So. 2d 1010 (Fla. 4th DCA 2004)
- Greenman v. State, 853 So. 2d 514 (Fla. 5th DCA 2003)
- Denver I. Wilson v. State, 853 So. 2d 514 (Fla. 5th DCA 2003)