CHRISTOPHER HAMMONDS
v.
STATE OF FLORIDA
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An appellate court lacks jurisdiction to review competency-related challenges to a guilty or no contest plea when the defendant fails to file a motion to withdraw the plea in the trial court.
[1] A defendant who enters a guilty or no contest plea must file a motion to withdraw the plea in the trial court to preserve for appellate review any claims that the trial c…
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Join FLexlaw to unlock all legal intelligenceChristopher Hammonds entered a no contest plea and was sentenced. He appealed his sentence, arguing the trial court failed in numerous respects relate…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CHRISTOPHER HAMMONDS,
Appellant,
v. Case No. 5D19-248
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed March 27, 2020
Appeal from the Circuit Court for Volusia County, Matthew M. Foxman, Judge.
Tiffany Gatesh Fearing, of Suncoast Legal Group, P.L., Spring Hill, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.
WALLIS, J.
Christopher Hammonds appeals his sentence after entering a no contest plea. He argues that the trial court failed in numerous respects related to restoring his competency. Because Hammonds failed to file a motion to withdraw his plea based on the competency issue, we are without jurisdiction to consider that matter. See Hammonds v. State, 275 So. 3d 797 (Fla. 5th DCA 2019); Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005);
2 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. 4th DCA), review granted, SC18-681, 2018 WL 3635017 (Fla. July 11, 2018). Therefore, we dismiss the appeal without prejudice to Hammonds's right to seek appropriate and timely postconviction relief below.
DISMISSED.
ORFINGER and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005)
- Dortch v. State, 242 So. 3d 431 (Fla. 4th DCA 2018)
- Bailey v. State, 21 So. 3d 147 (Fla. 5th DCA 2009)
- Vestal v. State, 50 So. 3d 733 (Fla. 5th DCA 2010)
- Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013)
- Doyle Hilton Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015)