Florida District Courts of Appeal, 1985

Smith v. State

Florida District Courts of Appeal · Decided March 13, 1985 · Dell, Glickstein, Hurley

465 So. 2d 573; 10 Fla. L. Weekly 647; 1985 Fla. App. LEXIS 12912 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Trowell v. State (Fla. Dist. Ct. App. 1998)
Sarvis v. State (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This appeal is dismissed inasmuch as no direct appeal lies from a judgment and sentence based on a guilty plea, Rule 9.140(b), Fla.R.App.P., and because appellant failed to make a prior motion to withdraw his guilty plea in the court below. Robinson v. State, 373 So.2d 898 (Fla. 1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal, however, is without prejudice to appellant’s right to seek appropriate post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P.

DISMISSED.

GLICKSTEIN, HURLEY and DELL, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.