DOYLE HILTON MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2015-12-31
No. 5D15-817
COHEN, WALLIS and LAMBERT, JJ., concur.
181 So. 3d 574 Florida District Court of Appeal, Fifth District (2015) Positive Treatment
Cited by 6 cases
Topics
Competency To Enter Plea Factual Basis For Plea Voluntariness Of Guilty Plea Postconviction Relief

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Doyle Murphy appeals following his sentence after a no-contest plea on one count of sale of a controlled substance. Murphy argues that he was incompetent to enter a plea and that the plea colloquy was inadequate to establish the voluntariness of his plea under Florida Rule of Criminal Procedure 3.170(k). That rule provides: “No plea of guilty or nolo contendere shall be accepted by a court without the court first determining, in open court ... that the circumstances surrounding the plea reflect a full understanding of the significance of the plea and its voluntariness and that there is a factual basis for the plea of guilty.”

Although we agree that the plea colloquy was inadequate, particularly in light of the mental health issues raised by Murphy, we are without jurisdiction to consider the issue because Murphy did not file a motion to set aside the plea. Fla. R. App. P. 9.140(b)(2)(A)(ii)(c); Hicks v. State, 915 So.2d 740, 741 (Fla. 5th DCA 2005). Accordingly, we dismiss the appeal without prejudice to Murphy’s right to seek appropriate postconviction relief.

DISMISSED.

COHEN, WALLIS and LAMBERT, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Ovenshire v. State, 278 So. 3d 103 (Fla. 5th DCA 2019)
    …ontest plea for attempted second degree murder and fleeing and eluding. Because Ovenshire failed to file a motion to withdraw his plea, we are without jurisdiction. See Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005); accord Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015); Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013); Vestal v. State, 50 So. 3d 733, 735 (Fla. 5th DCA 2010); Bailey v. State, 21 So. 3d 147, 150 (Fla. 5th DCA 2009). But see Dortch v. State, 242 So. 3d 431, 433 (Fla. 4…
  • Hammonds v. State, 275 So. 3d 797 (Fla. 5th DCA 2019)
  • Vernson Edward Dortch v. State (Fla. 4th DCA 2018)

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