Florida District Courts of Appeal, 1998

D.P.J. v. State

Florida District Courts of Appeal · Decided December 2, 1998 · Campbell, Parker, Quince

779 So. 2d 291; 1998 Fla. App. LEXIS 15048; 1998 WL 830670 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Hawkins v. State (Fla. Dist. Ct. App. 2014)
Binder v. State (Fla. Dist. Ct. App. 2003)

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.

D.P.J. challenges the imposition of community control after he pleaded guilty to lewd assault. He argues that he should be allowed to withdraw his plea because the trial court failed to establish a factual basis for the plea. This issue has not been preserved and cannot be entertained on direct appeal because D.P.J. did not object at the plea hearing nor did he file a motion to withdraw his plea with the trial court.

*292Accordingly, we dismiss this appeal without prejudice to allow D.P.J. to file a motion to withdraw his plea in the trial court. See J.S. v. State, 658 So.2d 638 (Fla. 2d DCA 1995).

PARKER, C.J., and CAMPBELL and QUINCE, JJ., concur.

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