Andrade v. State

District Court of Appeal of Florida

Andrade v. State

905 So. 2d 942, 2005 Fla. App. LEXIS 9489, 2005 WL 1420863

CourtDistrict Court of Appeal of Florida

DecidedJune 20, 2005

DocketNo. 1D03-5298

StatusPublished

This text of 905 So. 2d 942 (Andrade v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrade v. State, 905 So. 2d 942, 2005 Fla. App. LEXIS 9489, 2005 WL 1420863 (Fla. Ct. App. 2005).

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Opinion

PER CURIAM.

Appellate counsel has filed a brief in this case pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the record, we find that no issue of arguable merit appears. We note, however, that the plea colloquy conducted by the trial court fell far short of the requirements set out in Florida Rule of Criminal Procedure 3.172. Appellant is, however, without ability to assert an involuntary plea as an issue on appeal, because neither he nor anyone on his behalf filed a motion to withdraw the [943]*943plea. See Gafford v. State, 783 So.2d 1191, 1192 (Fla. 1st DCA 2001) (“Failure to file a motion to withdraw the plea within 30 days waives the issue for appellate review, and the defendant is limited to filing a motion pursuant to Florida Rule of Criminal Procedure 3.850.”).

AFFIRMED.

KAHN, VAN NORTWICK, and HAWKES, JJ., concur.

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PER CURIAM.

Appellate counsel has filed a brief in this case pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Having reviewed the record, we find that no issue of arguable merit appears. We note, however, that the plea colloquy conducted by the trial court fell far short of the requirements set out in Florida Rule of Criminal Procedure 3.172. Appellant is, however, without ability to assert an involuntary plea as an issue on appeal, because neither he nor anyone on his behalf filed a motion to withdraw the [943]*943plea. See Gafford v. State, 783 So.2d 1191, 1192 (Fla. 1st DCA 2001) (“Failure to file a motion to withdraw the plea within 30 days waives the issue for appellate review, and the defendant is limited to filing a motion pursuant to Florida Rule of Criminal Procedure 3.850.”).

AFFIRMED.

KAHN, VAN NORTWICK, and HAWKES, JJ., concur.

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905 So. 2d 942, 2005 Fla. App. LEXIS 9489, 2005 WL 1420863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrade-v-state-fladistctapp-2005.

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