Nugent v. State of Florida

Summary

The Florida Second District Court of Appeal affirmed Aaron Nugent’s judgment and sentence for misdemeanor violation of a license restriction following a negotiated no contest plea. The court held that Nugent could not directly appeal the denial of his motions to dismiss because he did not expressly reserve the right to appeal those issues in the plea hearing or written plea agreement. The affirmance was without prejudice to any potential motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850.

Holdings

1. A defendant who pleads no contest has no right to a direct appeal of a legally dispositive issue unless the defendant expressly reserves the right to appeal that issue with particularity.
2. The affirmance is without prejudice to any right Nugent may have to file a Florida Rule of Criminal Procedure 3.850 motion.

Questions Presented

1. Whether a defendant who enters a negotiated no contest plea may obtain direct appellate review of the denial of motions to dismiss when the defendant did not expressly reserve the right to appeal the dispositive issue in the plea hearing or written plea agreement.
2. Whether counsel's request that the trial court find the issue dispositive satisfies the statutory and rule-based express-reservation requirement.

Disposition

affirmed