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888 So. 2d 730

Docket No. 5D03-4107.

West v. State

David WEST, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 10, 2004.

District Court of Appeal of Florida · decided 2004-12-10

Cited by 2 later decisions — most recently December 2005

2 state decisions

Key passage — most relied on by later courts

“expressly reserving the right to appeal a legally dispositive issue”

quoted by 1 later decision, including Murphy v. State

Relies on 760 So. 2d 114 - Leonard v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-10

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Noel A. Pelella, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips and Elizabeth C. King, Assistants Attorney General, Daytona Beach, for Appellee.

¶3PLEUS, J.

¶4West appeals his judgment and sentence for failure to register as a sex offender. He argues that the trial court erred by allowing him to plead to this charge when it was undisputed that he lacked knowledge that he was required to register.

¶5The State correctly argues that West failed to preserve this argument because he did not reserve the right to appeal a legally dispositive issue upon entering his nolo contendere plea. §§ 924.051(4), 924.06(3), Fla. Stat. (2003); Fla. R.App. P. 9.140(b)(2). Accordingly, we affirm. Leonard v. State,760 So.2d 114, 119 (Fla.2000). Our affirmance is without prejudice to allow West to seek postconviction relief.

¶6AFFIRMED.

¶7SAWAYA, C.J., and SHARP, W., J., concur.

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