Appeal No. AA-66
County Case No. MM-98-10213A-XX
March 23, 2000

SHAUGHN LOPEZ,

Appellant,

v.

STATE OF FLORIDA,

Appellee.
__________________________

This is an appeal from the county court of Polk County, Judge Steven L. Selph presiding. The state charged Appellant, Shaughn Lopez, with possession of cannabis, possession of drug paraphernalia, and trespass on cultivated land. Appellant filed this pro se appeal seeking review of his plea of no contest, and sentence. This court has jurisdiction. Fla. R. App. P. 9.030(c). The ruling of the trial court is affirmed.

I.

Polk County Sheriff’s deputies awakened Appellant who was parked at the edge of an orange grove during the early morning hours of November 1, 1998. They arrested Appellant for trespass to cultivated land, conducted a search incident to arrest, and discovered a small amount of cannabis and a scale. At arraignment, Appellant appeared without counsel, and refused a public defender. The trial judge instructed that a plea of guilty or no contest would result in an adjudication of guilt. (R. 6) Each charge carried a maximum penalty of one year in jail and $1,000 fine. The state agreed to twelve months probation, random drug screen and search, drug treatment as required, stay away from the orange grove, fine and costs of $248, and revocation of driving privileges for two years. The trial judge further explained that an adjudication of guilt on the possession of cannabis charge required a two year revocation of driving privileges. (R. 7). The trial judge adjudged Appellant guilty based on his no contest plea.

Unless an appellant has preserved the matter by motion below, an appellate court cannot review a challenge of involuntary plea on direct appeal. Fla. R. App. P. 9.140(b)(2)(B)(iii). See also, McCoy v. State, 727 So.2d 279, (Fla. 2d DCA 1999). This court cannot undertake review of unpreserved sentencing errors except as prescribed by Rule 9.140(d). See also, Bain v. State, 730 So.2d 296 (Fla. 2d DCA 1999) (en banc); Lester v. State, 737 So.2d 1149,1152 (Fla. 2d DCA 1999). Appellant argues on appeal that his plea was involuntary and seeks mitigation of his sentence. Because neither point was preserved below, Appellant may not raise them on direct appeal.

Accordingly, the ruling of the county court is AFFIRMED.

ORDERED 23 March 2000.

Charles B. Curry

Chief Judge