Florida District Courts of Appeal, 1983

Dalton v. State

Dalton v. State
Florida District Courts of Appeal · Decided October 25, 1983 · Joanos, Smith, Wentworth
439 So. 2d 970; 1983 Fla. App. LEXIS 22726 (Southern Reporter, Second Series)

Dalton v. State

Opinion of the Court

WENTWORTH, Judge.

Appellant seeks review of judgments of conviction and sentences entered after nolo pleas to charges of manslaughter, aggravated battery, and tampering with evidence. Appellant’s plea precludes direct appellate review of the issues which he now seeks to present, and we therefore dismiss the appeal.

Appellant pled nolo contendere without reserving any issue for appellate review, and did not thereafter seek to withdraw his plea. Appellant now asserts that he received ineffective assistance of counsel and that an inadequate factual basis for the plea existed. In the circumstances of this case these issues may not be initially raised on direct appeal. Cf., Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981).

The appeal is hereby dismissed.

LARRY G. SMITH and JOANOS, JJ., concur.

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