Edgar Nunez v. State of Florida - Affirmed
Summary
Florida's First District Court of Appeal affirmed the lower court's decision in Edgar Nunez v. State of Florida. The court upheld the rejection of an appeal filed after a guilty plea, citing Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) which restricts post-plea appeals to expressly reserved, dispositive issues.
What changed
The District Court of Appeal of Florida, First District, affirmed the circuit court's rejection of defendant Edgar Nunez's appeal. The court held that after a guilty or nolo contendere plea, a defendant may only appeal if the issue was expressly reserved as dispositive in the lower tribunal proceedings.\n\nCriminal defense attorneys and defendants in Florida should note that routine appeals of convictions following guilty or no contest pleas are generally unavailable. To preserve appellate rights, legal issues must be expressly reserved before entering a plea and must be dispositive—meaning resolution would result in no trial regardless of outcome. This ruling aligns with prior First District precedent established in Carroll v. State and Williams v. State.
What to do next
- Monitor for similar post-plea appeal restrictions in Florida courts
- Review Florida Rule of Appellate Procedure 9.140 for preserved appeal rights
- Consult criminal defense counsel before entering pleas to preserve appellate issues
Archived snapshot
Apr 8, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 8, 2026 Get Citation Alerts Download PDF Add Note
Edgar Nunez v. State of Florida
District Court of Appeal of Florida
- Citations: None known
- Docket Number: 1D2025-0223
Disposition: Affirmed
Disposition
Affirmed
Combined Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
No. 1D2025-0223
EDGAR NUNEZ,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
On appeal from the Circuit Court for Okaloosa County.
David Oberliesen, Judge.
April 8, 2026
PER CURIAM.
AFFIRMED. See Fla. R. App. P. 9.140(b)(2)(A)(i) (providing that
a defendant may not appeal after a guilty or nolo contendere plea
except for an expressly reserved appeal of a “prior dispositive order
of the lower tribunal, identifying with particularity the point of law
being reserved”); Carroll v. State, 383 So. 3d 563, 567 (Fla. 1st
DCA 2024) (reiterating that, after a guilty or no contest plea, a
defendant may appeal only “if the issue is expressly reserved and
dispositive”); Williams v. State, 134 So. 3d 975, 976 (Fla. 1st DCA
2012) (“An issue is dispositive only when it is clear that there will
be no trial, regardless of the outcome of the appeal.”).
BILBREY, NORDBY, and TREADWELL, JJ., concur.
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
Glenn M. Swiatek of Criminal Defense Attorney, P.A., Crestview,
for Appellant.
James Uthmeier, Attorney General, and Miranda L. Butson,
Assistant Attorney General, Tallahassee, for Appellee.
2
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