HAMMONDS v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

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

Case No. 5D19-248

Decided: March 27, 2020

Tiffany Gatesh Fearing, of Suncoast Legal Group, P.L., Spring Hill, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

Christopher Hammonds appeals his sentence after entering a no contest plea. He argues that the trial court failed in numerous respects related to restoring his competency. Because Hammonds failed to file a motion to withdraw his plea based on the competency issue, we are without jurisdiction to consider that matter. See Hammonds v. State, 275 So. 3d 797 (Fla. 5th DCA 2019); 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). Therefore, we dismiss the appeal without prejudice to Hammonds's right to seek appropriate and timely postconviction relief below.

DISMISSED.

WALLIS, J.

ORFINGER and LAMBERT, 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Out of date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