Neal v. State
142 So. 3d 883
Fla. Dist. Ct. App.2014Background
- Appellant proceeded pro se after discharging his public defender following a Faretta hearing; standby counsel was appointed and attended all proceedings.
- Trial began, the State rested, and Appellant entered a mid-trial nolo contendere plea outside the jury’s presence, reserving the right to appeal (without specifying grounds).
- The trial court accepted the plea after a plea colloquy complying with rule 3.172 and later adjudicated guilt and imposed a ten-year Habitual Felony Offender (HFO) sentence.
- Appellant filed a post-sentencing motion to withdraw the plea, alleging standby counsel promised drug treatment; the court denied the motion without a hearing.
- Appellant (through appointed appellate counsel) filed an Anders brief asserting the appeal was wholly frivolous and that the court lacked jurisdiction because of a premature notice of appeal and the mid-trial plea.
- This court conducted an independent Anders review, found no reversible error, but criticized the Anders brief as legally insufficient for failing to cite and analyze governing authorities and the record.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Jurisdiction of this Court | Premature notice of appeal meant jurisdiction was not invoked | Premature notice vested jurisdiction under Fla. R. App. P. 9.110(i) once final judgment entered | Court held jurisdiction was properly invoked; premature notice effectively vested jurisdiction |
| Appealability after nolo contendere plea | Plea bars appeal | Appellant can appeal preserved claims (e.g., involuntary plea) under rule 9.140(b)(2)(A) | Court held appeal not procedurally barred; involuntariness claims cognizable if preserved |
| Validity of Faretta/self-representation & renewal of offer of counsel | Trial court failed to renew offer of counsel at plea and sentencing (error) | Standby counsel was present, accepted, and consulted; rule renewal not required in that context | Court held Faretta waiver and standby-counsel practice complied with law; no reversible error |
| Motion to withdraw plea based on standby counsel’s alleged promise | Standby counsel promised drug treatment; plea involuntary | Transcript shows appellant under oath denied any promise; allegation contradicted by record | Court held denial of motion to withdraw plea proper; plea voluntary and motion lacked merit |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (Anders procedure for no‑merit appeals)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self‑representation)
- McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429 (U.S. 1988) (role and duties of counsel under Anders framework)
- In re Anders Briefs, 581 So.2d 149 (Fla. 1991) (Florida guidance on Anders briefs and independent review)
- In re Forrester, 556 So.2d 1114 (Fla. 1990) (requirement that Anders briefs be sufficiently detailed; supplemental briefing may be ordered)
- State v. Causey, 503 So.2d 321 (Fla. 1987) (appellate court may request briefing before rendering opinion to ensure effective assistance of counsel)
- Knight v. State, 770 So.2d 663 (Fla. 2000) (presence and effect of standby counsel can cure failure to renew offer of appointed counsel)
- Smith v. State, 496 So.2d 971 (Fla. 1st DCA 1986) (Anders brief must reference record and any authority that might support appeal)