Westermeier v. State

District Court of Appeal of Florida

Westermeier v. State

395 So. 2d 231, 1981 Fla. App. LEXIS 18852

CourtDistrict Court of Appeal of Florida

DecidedMarch 4, 1981

DocketNo. 80-641

StatusPublished

This text of 395 So. 2d 231 (Westermeier 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

Westermeier v. State, 395 So. 2d 231, 1981 Fla. App. LEXIS 18852 (Fla. Ct. App. 1981).

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Opinion

COWART, Judge.

Appellant entered an unconditional plea of nolo contendere and has appealed the resulting judgment and sentence.

Florida Rule of Appellate Procedure 9.140(b) provides that a defendant may not appeal from a judgment entered upon a plea of nolo contendere without an express reservation of the right of appeal. Section 924.06(3), Florida Statutes (1979), is in accord.

Appellant was charged with being an accessory after the fact (§ 777.03, Fla.Stat. (1979)) to the felony of leaving the scene of an accident involving personal injuries (§ 316.027, Fla.Stat. (1979)) and is intrigued by the fact that he, as an accessory, is guilty of a third degree felony and is subject to five years imprisonment (§ 775.-082(3)(d), Fla.Stat. (1979)), while the person he aided is guilty of a felony subject to no more than one year imprisonment (§ 316.-027(2), Fla.Stat. (1979)). Appellant claims this result thwarts the legislative intent to appropriately differentiate between serious and minor offenses¹ and renders these statutes unconstitutional as applied to him. This sentencing anomaly was apparent before appellant entered his plea, does not render appellant’s sentence illegal and is not one of the few issues arising contemporaneously with, or after, the entry of a plea which can be raised following a plea of guilty or an unqualified plea of nolo conten-dere. See Robinson v. State, 373 So.2d 898 (Fla.1979); Hand v. State, 334 So.2d 601 (Fla.1976).

The appeal of the judgment is dismissed and the sentence is

AFFIRMED.

DAUKSCH, C. J., and COBB, J., concur.

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COWART, Judge.

Appellant entered an unconditional plea of nolo contendere and has appealed the resulting judgment and sentence.

Florida Rule of Appellate Procedure 9.140(b) provides that a defendant may not appeal from a judgment entered upon a plea of nolo contendere without an express reservation of the right of appeal. Section 924.06(3), Florida Statutes (1979), is in accord.

Appellant was charged with being an accessory after the fact (§ 777.03, Fla.Stat. (1979)) to the felony of leaving the scene of an accident involving personal injuries (§ 316.027, Fla.Stat. (1979)) and is intrigued by the fact that he, as an accessory, is guilty of a third degree felony and is subject to five years imprisonment (§ 775.-082(3)(d), Fla.Stat. (1979)), while the person he aided is guilty of a felony subject to no more than one year imprisonment (§ 316.-027(2), Fla.Stat. (1979)). Appellant claims this result thwarts the legislative intent to appropriately differentiate between serious and minor offenses¹ and renders these statutes unconstitutional as applied to him. This sentencing anomaly was apparent before appellant entered his plea, does not render appellant’s sentence illegal and is not one of the few issues arising contemporaneously with, or after, the entry of a plea which can be raised following a plea of guilty or an unqualified plea of nolo conten-dere. See Robinson v. State, 373 So.2d 898 (Fla.1979); Hand v. State, 334 So.2d 601 (Fla.1976).

The appeal of the judgment is dismissed and the sentence is

AFFIRMED.

DAUKSCH, C. J., and COBB, J., concur.

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395 So. 2d 231, 1981 Fla. App. LEXIS 18852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westermeier-v-state-fladistctapp-1981.

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