P.R.T. v. State, 920 So. 2d 708 (Fla. 4th DCA 2006). · Go Syfert
P.R.T. v. State, 920 So. 2d 708 (Fla. 4th DCA 2006). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: R.C., a child v. State (fladistctapp, 2015-02-11)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) R.C., a child v. State
Fla. Dist. Ct. App. · 2015 · confidence medium
We have applied this preservation rule to juvenile proceedings in P.R.T. v. State, 920 So.2d 708, 709 (Fla. 4th DCA 2006) citing State v. T.G., 800 So.2d 204, 210 (Fla.2001) (“[JJuveniles pleading guilty ... may directly appeal an involuntary plea only if it is preserved by a motion to withdraw plea in the trial court.”).
Retrieving the full opinion text from the archive…
P.R.T., a child
v.
STATE of Florida
No. 4D04-1316.
District Court of Appeal of Florida, Fourth District.
Feb 8, 2006.
920 So. 2d 708
2006 Fla. App. LEXIS 2564
2006 WL 436045
Philip J. Massa of Philip J. Massa, P.A., West Palm Beach, for appellant., Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
Gross, Stone.
Cited by 1 opinion  |  Published
GROSS, J.

On appeal, P.R.T., challenges the volun-tariness of his plea. P.R.T. pleaded guilty[*709] to a misdemeanor charge of possession of marijuana, accepting as the consequence of his plea a probation sentence. Thereafter, the trial court entered an adjudication of delinquency and order of disposition sentencing P.R.T. to a level six commitment. The sentence was in opposition to both the recommendation of the Department of Juvenile Justice and the state, as well as in excess of the sentence negotiated in the plea agreement.

P.R.T. filed a motion to withdraw his plea, but later abandoned it. A defendant who pleaded guilty may directly appeal a violation of a plea agreement only if “preserved by a motion to withdraw plea.” Fla. R.App. P. 9.140(b)(2)(A)(ii)b. By abandoning the motion to withdraw plea in the trial court, P.R.T. has failed to preserve his claim for review. See State v. T.G., 800 So.2d 204, 210 (Fla.2001) (“[Jjuveniles pleading guilty ... may directly appeal an involuntary plea only if it is preserved by a motion to withdraw plea in the trial court.”).

This appeal is dismissed for lack of appellate jurisdiction.

STONE and MAY, JJ., concur.