State of Florida v. Vernson Edward Dortch

Summary

The Supreme Court of Florida held that a criminal defendant who challenges an involuntary guilty or nolo contendere plea must first preserve the issue by filing a motion to withdraw the plea under Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)(c). The court rejected a fundamental-error exception to that preservation requirement and concluded that an unpreserved claim must instead be pursued through collateral review. The court quashed the Fourth District Court of Appeal’s decision recognizing such an exception.

Holdings

1. There is no fundamental-error exception to Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)(c)'s requirement that an involuntary-plea claim be preserved by a motion to withdraw the plea. A defendant who fails to comply with that requirement must pursue any available relief through collateral review.
2. The court did not decide whether the trial court erred, whether the error was constitutional, or what collateral claims might be available to Dortch, because the direct appeal was barred by the unfulfilled preservation requirement.

Questions Presented

1. Whether a defendant who appeals an allegedly involuntary guilty or nolo contendere plea without first filing a motion to withdraw the plea may invoke a fundamental-error exception to Florida Rule of Appellate Procedure 9.140(b)(2)(A)(ii)(c).
2. Whether the court should decide whether the trial court violated due process or Florida Rule of Criminal Procedure 3.210 by accepting Dortch's plea without conducting a competency hearing after ordering a competency examination.

Disposition

quashed