Campos–Carriera v. State

Full title: Sergio G. CAMPOS–CARRIERA, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fifth District.

Date published: Feb 11, 2013

106 So. 3d 483 (Fla. Dist. Ct. App. 2013)

Opinion

No. 5D11–1571.

2013-02-11

Sergio G. CAMPOS–CARRIERA, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for Orange County, Tim Shea, Judge. James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Orange County, Tim Shea, Judge.
James S. Purdy, Public Defender, and David S. Morgan, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.

Sergio Campos–Carriera (defendant) appeals his judgment and sentence which were entered by the trial court after he pled nolo contendere to the charge of second-degree murder. Because the defendant did not timely file a motion to withdraw his plea, we dismiss this appeal for lack of jurisdiction. See Hicks v. State, 915 So.2d 740 (Fla. 5th DCA 2005). Accord Vestal v. State, 50 So.3d 733 (Fla. 5th DCA 2010). The dismissal is without prejudice to the defendant's right to seek appropriate and timely postconviction relief in the trial court.

DISMISSED.

ORFINGER, C.J., and PALMER and BERGER, JJ., concur.