RHINES v. STATE (2018)

District Court of Appeal of Florida, Third District.

Charles Richard RHINES, Appellant, v. The STATE of Florida, Appellee.

No. 3D17–1479

Decided: January 03, 2018

Before ROTHENBERG, C.J., and EMAS and LUCK, JJ.

Charles Richard Rhines, in proper person. Pamela Jo Bondi, Attorney General, for appellee.

The defendant below, Charles Richard Rhines, appeals his convictions and sentences entered following his plea of nolo contendere, arguing that his plea was involuntarily entered. As the defendant did not file a motion to withdraw his plea in the lower tribunal, asserting that his plea was involuntary, we are without jurisdiction to entertain this issue on direct appeal. See Fla. R. App. P. 9.140(b)(2)(A)(ii)(c) (stating that a defendant who pleads nolo contendere may directly appeal based on the ground that his plea is involuntary if the ground of involuntary plea is preserved by a motion to withdraw plea). Accordingly, we dismiss the defendant's appeal but do so without prejudice to allow the defendant to raise this issue in a motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850(a)(5). See Fla. R. Crim. P. 3.850(a)(5) (stating that a defendant who enters a plea of nolo contendere may file a motion for postconviction relief on the ground that the plea was involuntary).

Dismissed without prejudice.

ROTHENBERG, C.J.

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