Florida District Courts of Appeal, 1999

McCoy v. State

McCoy v. State
Florida District Courts of Appeal · Decided February 10, 1999 · Blue, Campbell, Northcutt
727 So. 2d 279; 1999 Fla. App. LEXIS 1159; 1999 WL 68924 (Southern Reporter, Second Series)

McCoy v. State

Opinion of the Court

NORTHCUTT, Judge.

Shane McCoy challenges the voluntariness of his no contest pleas in two cases. He has not filed a motion to withdraw his pleas, so we cannot address this issue on direct appeal. See Fla. R.App. P. 9.140(b)(2)(B)(iii); Robinson v. State, 373 So.2d 898, 902 (Fla. 1979). We affirm without prejudice to his filing a motion pursuant to Florida Rule of Criminal Procedure 3.850.

McCoy also asserts that the court erred in imposing certain costs. He did not file a motion to correct this sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b). He has, therefore, failed to preserve this issue for review. We will no longer correct unpreserved errors relating to costs. See Gaines v. State, 23 Fla. L. Weekly D 2645, 724 So.2d 139 (Fla. 2d DCA 1998).

Affirmed.

CAMPBELL, A.C.J., and BLUE, J., Concur.

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