Legal Opinion

Bir v. State

District Court of Appeal of Florida

Decided November 13, 1987No. BO-298Published

1Opinion of the Court

NIMMONS, Judge.

Appellant appeals from an order denying his Fla.R.Crim.P. 3.850 motion.1 We affirm.

The only ground alleged in the motion which merits discussion is that which states that the trial court, in conducting the plea dialogue after the entry of the defendant’s nolo contendere plea, failed to tell the defendant of “his right to preserve issues for appeal in the context of a nolo contendere plea.” It is one thing to fail to inform a defendant that by entering his plea he waives his right to appeal. See Diaz v. State, 439 So.2d 1011 (Fla. 2nd DCA 1983). That is entirely different from…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Bir v. StateDistrict Court of Appeal of Florida · 1986
  2. Diaz v. StateDistrict Court of Appeal of Florida · 1983

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