Florida District Courts of Appeal, 1983

Randall v. State

Randall v. State
Florida District Courts of Appeal · Decided October 13, 1983 · Ervin, Nimmons, Thompson
438 So. 2d 1029; 1983 Fla. App. LEXIS 22483 (Southern Reporter, Second Series)

Randall v. State

Opinion of the Court

THOMPSON, Judge.

This appeal is dismissed because Fla.R. App.P. 9.140(b)(1) prohibits a direct appeal from a judgment and sentence based on a guilty plea and because there is no indication in the record that appellant moved to withdraw his guilty pleas in the lower court. Robinson v. State, 373 So.2d 898 (Fla. 1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal is with*1030out prejudice to appellant’s right to seek post-conviction relief pursuant to Fla.R. Crim.P. 3.850, if such presentation in the lower court has not been barred by some other limitation.

ERVIN, C.J., and NIMMONS, J., concur.

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