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
APPELLATE DIVISION
BOBBY A. LATULIP,
Appellant,
UCN: 512008CF000279A000ES
v. Case
No: CRC08-0279-CFAES
Lower
No: 07-3594-XDMTES
STATE OF FLORIDA,
Appellee.
________________________/
Appeal
from Pasco County Court
County
Judge Barbara Briggs
Bobby
A. LaTulip, Pro Se
for Appellant
Angela
M. Sarabia, A.S.A.
for Appellee
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.