CHRISTIAN SANCHEZ
v.
STATE OF FLORIDA
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.
A defendant who enters a guilty plea must file a motion to withdraw the plea in the trial court to preserve issues for appellate review, and failure to do so deprives the appellate court of jurisdiction.
[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 issues for appellate review; failure to do so de…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“defendant's competency at time of guilty or no contest plea is issue bearing upon voluntary and intelligent character of defendant's plea, which falls within limited class of issues defendant may raise on appeal from guilty or no contest plea provided defendant first files motion to withdraw plea in trial court”
Citation to Hicks v. State regarding the requirement to file a motion to withdraw plea to preserve competency issues on appeal
Christian Sanchez entered guilty pleas to aggravated battery with a firearm and possession of firearm by a delinquent and appealed his sentence. He di…
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 Aggravated Battery With A Firearm cases and more on FLexlaw
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
CHRISTIAN SANCHEZ,
Appellant,
v. Case No. 5D19-3774
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed December 18, 2020
Appeal from the Circuit Court for Marion County, David B. Eddy, Judge.
James S. Purdy, Public Defender, and Danielle Rufai, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Christian Sanchez appeals his sentence after entering guilty pleas to one count of aggravated battery with a firearm and one count of possession of firearm by a delinquent. Because Sanchez 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) (holding defendant’s competency at time of guilty or no contest plea is issue bearing upon voluntary and
2
intelligent character of defendant’s plea, which falls within limited class of issues defendant may raise on appeal from guilty or no contest plea provided defendant first files motion to withdraw plea in trial court). But see Dortch v. State, 242 So. 3d 431, 433 (Fla. 4th DCA 2018) (receding from position that criminal defendant who may be incompetent to proceed must file motion to withdraw plea to preserve issue of his or her competency to enter plea for appellate review), review granted, No. SC18-681, 2018 WL 3635017 (Fla. July 11, 2018). Consequently, we dismiss the appeal, but we do so without prejudice to Sanchez’s right to seek appropriate and timely postconviction relief below.
DISMISSED.
EVANDER, C.J., EDWARDS and HARRIS, 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)