D.P.J. v. State

District Court of Appeal of Florida

D.P.J. v. State

779 So. 2d 291, 1998 Fla. App. LEXIS 15048, 1998 WL 830670

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 1998

DocketNo. 97-04718

StatusPublished

Cited by2 cases

This text of 779 So. 2d 291 (D.P.J. 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.

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D.P.J. v. State, 779 So. 2d 291, 1998 Fla. App. LEXIS 15048, 1998 WL 830670 (Fla. Ct. App. 1998).

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Opinion

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.

[292]*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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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.

[292]*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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Bluebook (online)

779 So. 2d 291, 1998 Fla. App. LEXIS 15048, 1998 WL 830670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dpj-v-state-fladistctapp-1998.

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