Joevel Williams v. State of Florida

178 So. 3d 531, 2015 Fla. App. LEXIS 16569, 2015 WL 6738720

• Court: District Court of Appeal of Florida
• Decided: November 4, 2015
• Docket: 4D14-2553
• Status: Published

Opinion

DAMOORGIAN, J.

Appellant appeals the judgment and sentence entered after his no contest plea to one count of unlawfully carrying a concealed firearm. Appellant argues that the court erred because although it granted his motion for a competency hearing under Florida Rule of Criminal Procedure 3.210(b), the court accepted his plea and sentenced him without conducting the hearing. In order to raise this issue on appeal, Appellant was required to file a motion to withdraw plea. Burns v. State, 884 So.2d 1010, 1012 (Fla. 4th DCA 2004). See also Bailey v. State, 21 So.3d 147, 150 (Fla. 5th DCA 2009). Because Appellant failed to do so, we can only review for fundamental error. Burns, 884 So.2d at 1012. As this Court established in Bums, a court’s failure to hold a Rule 3.210(b) competency hearing does not rise to the level of fundamental error. Id. at 1014.

Accordingly, we affirm the judgment and sentence without prejudice to Appellant’s right to seek appropriate post-conviction relief in the trial court.

Affirmed.

STEVENSON and CONNER, JJ., concur.