Florida District Courts of Appeal, 2002

Stelmach v. State

Stelmach v. State
Florida District Courts of Appeal · Decided February 6, 2002 · Polen, Stevenson, Stone
806 So. 2d 628; 2002 Fla. App. LEXIS 2933; 2002 WL 180904 (Southern Reporter, Second Series)

Stelmach v. State

Opinion of the Court

PER CURIAM.

Lucyna Stelmach, the appellant, pled guilty to violating the terms of her probation and was sentenced to twenty-five months incarceration. On appeal, Stel-mach seeks relief from the consequences of her plea, arguing that she was provided ineffective assistance of counsel at the VOP proceeding, that the trial court failed to conduct an adequate plea colloquy, and that her sentencing scoresheet contained errors. Florida Rule of Appellate Procedure 9.140(b) (2)(A)(ii) limits appeals following the entry of a plea to (1) the court’s lack of subject matter jurisdiction; (2) a violation of the plea agreement, if preserved by motion to withdraw plea; (3) an involuntary plea, if preserved by motion to withdraw plea; and (4) sentencing errors, if preserved. Stelmach neither filed a motion to withdraw her plea nor preserved any alleged errors in her sentence. Consequently, we affirm Stelmach’s conviction and sentence without prejudice to her right to seek any available post-conviction relief.

POLEN, C.J., STONE and STEVENSON, JJ., concur.

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