Florida District Courts of Appeal, 2010

Jones v. State

Jones v. State
Florida District Courts of Appeal · Decided January 15, 2010 · Webster, Padovano, Rowe
25 So. 3d 681; 2010 Fla. App. LEXIS 194; 2010 WL 143761 (Southern Reporter, Third Series)

Jones v. State

Opinion

PER CURIAM.

The appellant argues that the trial court fundamentally erred by failing to conduct a proper plea colloquy before accepting her plea to three counts of felony petit theft, We note the state’s confession of error, but we decline to review this issue on appeal; it was not raised before the trial court, and *682 it does not constitute fundamental error. See Harrell v. State, 894 So.2d 935 (Fla. 2005) (declining to apply fundamental error doctrine to trial court’s failure to formally accept a plea where issue of fundamental error not raised before trial court). We note that to the extent the appellant is challenging the voluntariness of her plea, we must affirm because she did not move to withdraw her plea before the trial court. See Griffin v. State, 820 So.2d 906 (Fla. 2002).

AFFIRMED.

WEBSTER, PADOVANO, and ROWE, JJ., concur.

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