Florida District Courts of Appeal, 1980

Ivey v. State

Ivey v. State
Florida District Courts of Appeal · Decided December 3, 1980 · Cobb, Cowart, Upchurch
390 So. 2d 812; 1980 Fla. App. LEXIS 17749 (Southern Reporter, Second Series)

Ivey v. State

Opinion of the Court

COBB, Judge.

Appellant seeks to appeal from a judgment and sentence entered upon his plea of guilty of grand theft. Appellant did not file any post-conviction motions with the trial court. Appellant’s appointed counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Since the appellant has not filed a motion to withdraw her guilty plea with the trial court, we dismiss this appeal without prejudice to the appellant to file a proper post-conviction motion with the trial court. Robinson v. State, 373 So.2d 898 (Fla. 1979); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979).

FRANK D. UPCHURCH and COWART, JJ., concur.

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