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Florida District Courts of Appeal, 1985

Smith v. State

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)

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.

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

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