Opinion
No. LL-185.
March 22, 1979.
Appeal from the Circuit Court for Volusia County, Uriel Blount, Jr., J.
Michael J. Minerva, Public Defender, and Carl S. McGinnes, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., for appellee.
Appellant entered a plea of nolo contendere without expressly reserving the right to appeal. Rule 9.140, Fla.R.App.P., provides:
"A defendant may not appeal from a judgment entered upon a plea of guilty; nor may a defendant appeal from a judgment entered upon a plea of nolo contendere without an expressed reservation of the right of appeal from a prior order of the lower tribunal, identifying with particularity the point of law being reserved."
See also Rule 3.172(c)(iv), Fla.R.Crim.P.
Though appellant does have the right to direct appeal from an illegal sentence, Rule 9.140(b)(1)(D), Fla.R.App.P., he raises no such issue here.
Accordingly, this appeal is dismissed.
MILLS, Acting C.J., BOOTH, J., and MASON, ERNEST E., Associate Judge, concur.