Garcia-Manriquez v. State , 2014 Fla. App. LEXIS 13679 ( 2014 )

Third District Court of Appeal
State of Florida
Opinion filed September 3, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 13-2814
Lower Tribunal No. 08-21885
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Blas Garcia-Manriquez,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Stacy D. Glick,
Judge.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public
Defender, for appellant.
Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant
Attorney General, for appellee.
Before WELLS, EMAS and FERNANDEZ, JJ.
WELLS, Judge.
Blas Garcia-Manriquez appeals from a final judgment of conviction and
sentence entered following a guilty plea. He claims that the court below erred in
accepting a plea with which he did not entirely agree. Because the issue was not
presented to the trial court in a timely motion to withdraw his plea, we are without
jurisdiction to consider this claim:
Generally, to obtain appellate review of a plea of guilty or no
contest, the defendant must specifically reserve dispositive issues for
appeal or file a motion to withdraw the plea in the trial court. Burns v.
State, 884 So. 2d 1010, 1012 (Fla. 4th DCA 2004). Following a guilty
or no contest plea, a defendant may appeal only the trial court’s lack
of subject matter jurisdiction; a violation of a plea agreement, if
preserved by a motion to withdraw the plea; an involuntary plea, if
preserved by a motion to withdraw the plea; and a sentencing error, if
preserved. Fla. R. App. P. 9.140(b)(2)(A); Liebman v. State, 853
So. 2d 514, 515 (Fla. 4th DCA 2003).
. . . An issue relating to the voluntary and intelligent nature of the
plea falls within the limited class of issues which a defendant may
raise on appeal from a guilty or no contest plea without having
specifically reserved the right to do so. Robinson v. State, 373 So. 2d
898, 902 (Fla. 1979); Burns, 884 So. 2d at 1013. However, before
raising such an issue on appeal, the defendant must first file a motion
to withdraw the plea with the trial court. Because Hicks failed to do
so, we lack jurisdiction to consider his claim. Liebman.
Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005); see also Fla. R. App. P.
9.140(b)(2)(A).
Because Garcia-Manriquez failed to file a motion to withdraw his plea, we
dismiss this appeal without prejudice to Garcia-Manriquez’ right to seek
appropriate and timely post-conviction relief below.
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Dismissed.
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