Florida District Courts of Appeal, 1997

Purifoy v. State

Purifoy v. State
Florida District Courts of Appeal · Decided February 20, 1997 · Lawrence, Padovano, Webster
688 So. 2d 960; 1997 Fla. App. LEXIS 1360; 1997 WL 68006 (Southern Reporter, Second Series)

Purifoy v. State

Opinion of the Court

PER CURIAM.

The order denying the defendant’s motion to withdraw his nolo contendere plea *961is not reviewable in the present appeal from the order granting probation. When a defendant seeks to withdraw a plea after the sentence has been imposed, or in this case after probation has been ordered, the correct procedure is to file a sworn motion under rule 3.850. Brown v. State, 661 So.2d 95 (Fla. 4th DCA 1995). We find no error as to any other issue concerning the probation order that is the subject of the appeal.

Affirmed.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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