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342 So. 2d 1013

Docket No. 76-154.

Siders v. State

Andre SIDERS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 11, 1977.

District Court of Appeal of Florida · decided 1977-02-11

Cited by 2 later decisions — most recently June 1983

2 state decisions

Relies on 245 So. 2d 225 - State v. Ashby · Rece v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1977-02-11

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¶1*1014 Richard L. Jorandby, Public Defender, and Frank B. Kessler and Tatjana Ostapoff, Asst. Public Defenders, and Laurie Sistrunk, Legal Intern, West Palm Beach, for appellant.

¶2Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The trial court accepted appellant's plea of guilty in a criminal case conditioned upon appellant having the right to appeal the denial of his motion for discharge under the Speedy Trial Rule, Fla.R. Crim.P. 3.191. The court below assured appellant that his right of appeal had been reserved. This was error. A voluntary plea of guilty in a criminal case waives all defects other than jurisdiction. Rece v. State,333 So.2d 494 (Fla. 4th DCA 1976).

¶5Normally we would reverse and remand to allow appellant to withdraw his plea of guilty and enter a new plea of nolo contendere, thereby preserving his right to appeal. State v. Ashby,245 So.2d 225 (Fla. 1971). This will not be necessary in this case. The trial court's error was harmless because the point on appeal which appellant sought to preserve is without merit.

¶6AFFIRMED.

¶7ALDERMAN and LETTS, JJ., and CLARK, HAROLD R., Associate Judge, concur.

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