Slater v. State

District Court of Appeal of Florida

Slater v. State

829 So. 2d 321, 2002 Fla. App. LEXIS 15565, 2002 WL 31396195

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 2002

DocketNo. 5D01-3442

StatusPublished

This text of 829 So. 2d 321 (Slater v. State) 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

Slater v. State, 829 So. 2d 321, 2002 Fla. App. LEXIS 15565, 2002 WL 31396195 (Fla. Ct. App. 2002).

Pincite

Opinion

PALMER, J.

Ricky Slater appeals his judgments and sentences which were entered by the trial court after he pled nolo contendere to the charges of aggravated manslaughter and aggravated child abuse, arguing that his plea is invalid because it was not freely, knowingly, and voluntarily entered. However, this claim of error is not properly cognizable on direct appeal.

In order for a defendant to challenge the voluntariness of his plea he must first file a motion to withdraw his plea with the trial court; he cannot challenge the volun-tariness on direct appeal nor move to withdraw his plea for the first time by the filing of a direct appeal. Griffin v. State, 820 So.2d 906 (Fla.2002). See also Jones v. State, 636 So.2d 835 (Fla. 5th DCA 1994)(noting that a defendant’s failure to timely move to withdraw a plea on volun-tariness grounds forecloses review on direct appeal and the defendant’s sole avenue of review is through filing a collateral attack). Since appellant did not seek to withdraw his plea before the trial court, we lack jurisdiction to entertain this appeal. See Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981). Accordingly, the appeal is dismissed without prejudice to appellant seeking appropriate collateral relief in the trial court.

DISMISSED.

COBB and PLEUS, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PALMER, J.

Ricky Slater appeals his judgments and sentences which were entered by the trial court after he pled nolo contendere to the charges of aggravated manslaughter and aggravated child abuse, arguing that his plea is invalid because it was not freely, knowingly, and voluntarily entered. However, this claim of error is not properly cognizable on direct appeal.

In order for a defendant to challenge the voluntariness of his plea he must first file a motion to withdraw his plea with the trial court; he cannot challenge the volun-tariness on direct appeal nor move to withdraw his plea for the first time by the filing of a direct appeal. Griffin v. State, 820 So.2d 906 (Fla.2002). See also Jones v. State, 636 So.2d 835 (Fla. 5th DCA 1994)(noting that a defendant’s failure to timely move to withdraw a plea on volun-tariness grounds forecloses review on direct appeal and the defendant’s sole avenue of review is through filing a collateral attack). Since appellant did not seek to withdraw his plea before the trial court, we lack jurisdiction to entertain this appeal. See Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981). Accordingly, the appeal is dismissed without prejudice to appellant seeking appropriate collateral relief in the trial court.

DISMISSED.

COBB and PLEUS, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

829 So. 2d 321, 2002 Fla. App. LEXIS 15565, 2002 WL 31396195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slater-v-state-fladistctapp-2002.

Opinion

Related

Cite This Page — Counsel Stack