State v. Dortch
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The Supreme Court held that a defendant who does not comply with the Florida rule of appellate procedure requiring a criminal defendant to file a motion to withdraw the plea in the trial court before appealing an involuntary plea must seek any available relief through collateral review.
Defendant pleaded no contest to certain charges. After Defendant was sentenced his counsel filed a notice of appeal. Despite the preservation requirement of Fla. R. App. P. 9.140(b)(2)(A)(ii)(c), Defendant did not first file a motion to withdraw his plea. On appeal, the Fourth District concluded that the trial court had committed fundamental error by failing to holding a hearing on Defendant's competency and that, under the circumstances, it was not necessary for Defendant first to file a motion to withdraw plea. The Supreme Court quashed the decision below, holding that there is no fundamental-error exception to the preservation requirement of Rule 9.140(b)(2)(A)(ii)(c).
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