County Criminal Court: APPELLATE PROCEDURE – Preservation of Error – Defendant pleaded no contest, but failed to preserve any issues for appellate review. Judgment and sentence affirmed. LaTulip v. State, No. CRC 08-0279 CFAES, (Fla. 6th Cir. App. Ct. February 1, 2010).
NOT FINAL UNTIL TIME EXPIRES FOR REHEARING AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY
BOBBY A. LATULIP,
v. Case No: CRC08-0279-CFAES
Lower No: 07-3594-XDMTES
STATE OF FLORIDA,
Appeal from Pasco County Court
County Judge Barbara Briggs
Bobby A. LaTulip, Pro Se
Angela M. Sarabia, A.S.A.
ORDER AND OPINION
Appellant, pro se, appeals the denial of his request to represent himself at trial. An Assistant Public Defender was appointed to represent Appellant for his Driving Under the Influence charge. Soon thereafter, Appellant voiced complaints about his public defender’s inefficiency. Appellant made it clear to the trial court that his goal was to get a nine-month DUI sentence to run concurrent to his imprisonment for his violation of probation sentence. After lengthy discussion with Appellant and his public defender, the trial court denied his motion. On November 27, 2007, Appellant filed a pro se motion to reconsider, essentially arguing that he could represent himself better than his public defender. Two days later, Appellant entered into a plea agreement.
When Appellant entered into a negotiated plea to his agreement, he did not reserve the right to appeal any issues, nor did he seek to withdraw his plea. A defendant may appeal a conviction based on a nolo contendere plea only if he expressly reserves the right to appeal a prior dispositive order of the trial court or seeks to withdraw his plea. §§ 924.051(4), 924.06(3), Fla. Stat. (2007); Fla. R. App. P. 9.140(b)(2). Any error that might theoretically have occurred is not preserved for this Court's review. Therefore, it is
ORDERED AND ADJUDGED that the judgment and sentence are AFFIRMED.
DONE AND ORDERED in Chambers, at New Port Richey, Pasco County, Florida this 1st day of February 2010.
Original order entered on December 14, 2009 by Circuit Judges W. Lowell Bray, Jr., Daniel D. Diskey, and Stanley R. Mills.