Mark Anthony Hauser v. State of Florida

District Court of Appeal of Florida

Mark Anthony Hauser v. State of Florida

CourtDistrict Court of Appeal of Florida

DecidedNovember 29, 2023

Docket2022-2787

StatusPublished

This text of Mark Anthony Hauser v. State of Florida (Mark Anthony Hauser v. State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mark Anthony Hauser v. State of Florida, (Fla. Ct. App. 2023).

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Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2022-2787 _____________________________

MARK ANTHONY HAUSER,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Dixie County. Jennifer Jones Johnson, Judge.

November 29, 2023

PER CURIAM.

Appellant appeals a judgment and sentence following a guilty plea entered pursuant to a plea agreement with the State. He argues trial counsel rendered ineffective assistance, so his entered plea was involuntary. But Appellant did not file a motion to withdraw plea. Accordingly, this issue is not preserved for appeal. See State v. Dortch 317 So. 3d 1074, 1084 (Fla. 2021) (holding that for appeals based on alleged incompetency at the guilty plea, “there is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c)”); Fla. R. App. P. 9.140(b)(2)(A)(ii)(c) (allowing appeal from “involuntary plea, if preserved by a motion to withdraw plea” (emphasis added)).

AFFIRMED.

OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Robert L Sirianni, Jr., Brownstone, P.A.,Winter Park, for Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2022-2787 _____________________________

MARK ANTHONY HAUSER,

Appellant,

v.

STATE OF FLORIDA,

Appellee. _____________________________

On appeal from the Circuit Court for Dixie County. Jennifer Jones Johnson, Judge.

November 29, 2023

PER CURIAM.

Appellant appeals a judgment and sentence following a guilty plea entered pursuant to a plea agreement with the State. He argues trial counsel rendered ineffective assistance, so his entered plea was involuntary. But Appellant did not file a motion to withdraw plea. Accordingly, this issue is not preserved for appeal. See State v. Dortch 317 So. 3d 1074, 1084 (Fla. 2021) (holding that for appeals based on alleged incompetency at the guilty plea, “there is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c)”); Fla. R. App. P. 9.140(b)(2)(A)(ii)(c) (allowing appeal from “involuntary plea, if preserved by a motion to withdraw plea” (emphasis added)).

AFFIRMED.

OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur. _____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Robert L Sirianni, Jr., Brownstone, P.A.,Winter Park, for Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.

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Mark Anthony Hauser v. State of Florida, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-anthony-hauser-v-state-of-florida-fladistctapp-2023.