HAMMONDS v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Christopher HAMMONDS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-875

Decided: June 28, 2019

James S. Purdy, Public Defender, and Ali L. Hansen, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

Christopher Hammonds appeals his sentence after entering a no contest plea. Because Hammonds failed to file a motion to withdraw his plea, we are without jurisdiction. See Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005); accord Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015); Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013); Vestal v. State, 50 So. 3d 733, 735 (Fla. 5th DCA 2010); Bailey v. State, 21 So. 3d 147, 150 (Fla. 5th DCA 2009). But see Dortch v. State, 242 So. 3d 431, 433 (Fla. 4th DCA), review granted, SC18-681, 2018 WL 3635017 (Fla. July 11, 2018). Consequently, we dismiss the appeal without prejudice to Hammonds's right to seek appropriate and timely postconviction relief below.

DISMISSED.

PER CURIAM.

ORFINGER, WALLIS and EISNAUGLE, JJ., concur.

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