Florida District Courts of Appeal, 2001

Whitten v. State

Whitten v. State
Florida District Courts of Appeal · Decided December 21, 2001 · Davis, John, Scheb, Stringer
802 So. 2d 475; 2001 Fla. App. LEXIS 18023; 2001 WL 1637003 (Southern Reporter, Second Series)

Whitten v. State

Opinion of the Court

SCHEB, JOHN M„ Senior Judge.

We affirm Damion Whitten’s judgment and sentences in these consolidated cases without prejudice to any right Whitten may have to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Pertaining to circuit court case numbers 99-3865F and 00-659F, we note that a defendant may not challenge the voluntariness of a guilty or nolo contendere plea on direct appeal unless the issue • has been preserved by a motion to withdraw the plea filed in the trial court. See State v. Thompson, 735 So.2d 482 (Fla. 1999).

Affirmed.

STRINGER, A.C.J., and DAVIS, J., Concur.

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