Smith v. State

Florida District Courts of Appeal
Smith v. State, 465 So. 2d 573 (1985)
10 Fla. L. Weekly 647; 1985 Fla. App. LEXIS 12912
Dell, Glickstein, Hurley

Smith v. State

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.

Reference

Full Case Name
James L. SMITH v. STATE of Florida
Cited By
2 cases
Status
Published