Mark Anthony Hauser, Appellant, v. State of Florida, Appellee. (2023)

District Court of Appeal of Florida, First District.

Mark Anthony Hauser, Appellant, v. State of Florida, Appellee.

No. 1D2022-2787

Decided: November 29, 2023

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.

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.

Per Curiam.

Osterhaus, C.J., and Kelsey and M.K. Thomas, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network