FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D2022-2787 _____________________________ MARK ANTHONY HAUSER, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________

On appeal from the Circuit Court for Dixie County.

Jennifer Jones Johnson, Judge.

November 29, 2023 PER CURIAM.

Appellant appeals a judgment and sentence following a guilty plea entered pursuant to a plea agreement with the State. He argues trial counsel rendered ineffective assistance, so his entered plea was involuntary. But Appellant did not file a motion to withdraw plea. Accordingly, this issue is not preserved for appeal.

See State v. Dortch 317 So. 3d 1074, 1084 (Fla. 2021) (holding that for appeals based on alleged incompetency at the guilty plea, “there is no fundamental-error exception to the preservation requirement of rule 9.140(b)(2)(A)(ii)(c)”); Fla. R. App. P. 9.140(b)(2)(A)(ii)(c) (allowing appeal from “involuntary plea, if preserved by a motion to withdraw plea” (emphasis added)).

AFFIRMED.

OSTERHAUS, C.J., and KELSEY and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Robert L Sirianni, Jr., Brownstone, P.A.,Winter Park, for Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Appellee.