MARTINEZ RUIZ v. STATE (2024)

District Court of Appeal of Florida, Third District.

Pavel MARTINEZ-RUIZ, Appellant, v. The STATE of Florida, Appellee.

No. 3D23-1178

Decided: February 28, 2024

Before LOGUE, C.J., and LINDSEY, and GORDO, JJ.

Pavel Martinez-Ruiz, in proper person. Ashley Moody, Attorney General, and Kayla H. McNab, Assistant Attorney General, for appellee.

Because Appellant failed to file a motion to withdraw his plea in the trial court, this Court is without jurisdiction to hear the instant appeal. See State v. Dortch, 317 So. 3d 1074, 1084 (Fla. 2021) (“We hold that there is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c).”); Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005) (holding that the District Court did not have jurisdiction to hear the claim that plea was not voluntary and intelligent where the defendant failed to file a motion to withdraw the plea in trial court). Accordingly, we dismiss the appeal without prejudice so that Appellant can properly seek to withdraw his plea in the trial court.

Dismissed without prejudice.

PER CURIAM.

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