Exavier v. State

District Court of Appeal of Florida

Exavier v. State

732 So. 2d 472, 1999 Fla. App. LEXIS 6701, 1999 WL 313344

CourtDistrict Court of Appeal of Florida

DecidedMay 19, 1999

DocketNo. 98-2931

StatusPublished

Cited by1 cases

This text of 732 So. 2d 472 (Exavier 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

Exavier v. State, 732 So. 2d 472, 1999 Fla. App. LEXIS 6701, 1999 WL 313344 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

Appellant, Saintamene Exavier, timely appeals the summary denial of her motion to vacate her guilty plea. Since Exavier did not seek to withdraw her plea prior to being sentenced in February 1995, the only vehicle available to her to vacate her plea was to file a motion under Florida Rule of Criminal Procedure 3.850. See Brown v. State, 661 So.2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So.2d 602 (Fla.1996). We therefore affirm the denial of appellant’s motion to vacate her plea, but without prejudice to Exavier filing a motion complying with the requirements of rule 3.850, within thirty days of the issuance of this court’s mandate. See Jones v. State, 708 So.2d 1045 (Fla. 4th DCA 1998).

DELL, GUNTHER and HAZOURI, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Appellant, Saintamene Exavier, timely appeals the summary denial of her motion to vacate her guilty plea. Since Exavier did not seek to withdraw her plea prior to being sentenced in February 1995, the only vehicle available to her to vacate her plea was to file a motion under Florida Rule of Criminal Procedure 3.850. See Brown v. State, 661 So.2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So.2d 602 (Fla.1996). We therefore affirm the denial of appellant’s motion to vacate her plea, but without prejudice to Exavier filing a motion complying with the requirements of rule 3.850, within thirty days of the issuance of this court’s mandate. See Jones v. State, 708 So.2d 1045 (Fla. 4th DCA 1998).

DELL, GUNTHER and HAZOURI, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

732 So. 2d 472, 1999 Fla. App. LEXIS 6701, 1999 WL 313344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/exavier-v-state-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack