Florida District Courts of Appeal, 1994

Hayes v. State

Hayes v. State
Florida District Courts of Appeal · Decided December 7, 1994 · Mickle, Webster, Wolf
646 So. 2d 798; 1994 Fla. App. LEXIS 11895; 1994 WL 679314 (Southern Reporter, Second Series)

Hayes v. State

Opinion of the Court

MICKLE, Judge.

Given the facts in the record, we follow the well-established rule that an appeal from a plea of no contest should never be a substitute for a motion to withdraw the plea. Robinson v. State, 373 So.2d 898, 902 (Fla. 1979). Accordingly, we affirm judgment and sentence. See Heatley v. State, 636 So.2d 153, 154 (Fla. 1st DCA 1994), and Isley v. State, 565 So.2d 389 (Fla. 5th DCA 1990).

WOLF and WEBSTER, JJ., concur.

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