ASHLEY CLAYTON
v.
STATE OF FLORIDA

Fla. 5th DCA | 2021-11-12
No. 20-1883
Toner, J., Cohen, J., Traver, J., Wozniak, J.
Florida District Court of Appeal, Fifth District (2021)

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Holding

A defendant who enters a no-contest plea without filing a motion to withdraw it may challenge the voluntariness of the plea through postconviction relief if done in good faith.


Headnotes

[1] A defendant who enters a no-contest plea without filing a motion to withdraw it may preserve the right to challenge the voluntariness of the plea through a motion for pos…

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Key Quotes

“we affirm the trial court's judgments and sentences without prejudice for her to challenge the voluntariness of her plea via motion for postconviction relief if she can do so in good faith”

The court's disposition of the Anders appeal

Facts & Procedural History

Ashley Clayton entered a no-contest plea that resulted in the trial court designating her a habitual felony offender. She did not file a motion to wit…

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Opinion of the Court
Wozniak

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

ASHLEY CLAYTON, Appellant, v. Case No. 5D20-1883 LT Case Nos. 2018-CF-43 STATE OF FLORIDA, 2018-CF-152 Appellee. __________________________/ Decision filed November 12, 2021 Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge. Matthew J. Metz, Public Defender, Craig

R. Atack and George D.E. Burden,

Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Richard A Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Ashley Clayton entered a no-contest plea which resulted in the trial court designating her a habitual felony offender. She has not filed a motion

AFFIRMED.

COHEN, TRAVER and WOZNIAK, JJ., concur. 1 Anders v. California, 386 U.S. 738 (1967).

Footnotes
2 to withdraw her plea. In this Anders1 appeal, we affirm the trial court’s judgments and sentences without prejudice for her to challenge the voluntariness of her plea via motion for postconviction relief if she can do so in good faith. See Leonard v. State, 760 So. 2d 114, 119 (Fla. 2000); Kendrick v. State, 204 So. 3d 486, 486 (Fla. 5th DCA 2016).

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