Ivey v. State

District Court of Appeal of Florida

Ivey v. State

390 So. 2d 812, 1980 Fla. App. LEXIS 17749

District Court of Appeal of Florida·Decided December 3, 1980·No. No. 80-133·Published·Cited by 1 cases

Opinion

COBB, Judge.

Appellant seeks to appeal from a judgment and sentence entered upon his plea of guilty of grand theft. Appellant did not file any post-conviction motions with the trial court. Appellant’s appointed counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Since the appellant has not filed a motion to withdraw her guilty plea with the trial court, we dismiss this appeal without prejudice to the appellant to file a proper post-conviction motion with the trial court. Robinson v. State, 373 So.2d 898 (Fla.1979); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979).

FRANK D. UPCHURCH and COWART, JJ., concur.

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COBB, Judge.

Appellant seeks to appeal from a judgment and sentence entered upon his plea of guilty of grand theft. Appellant did not file any post-conviction motions with the trial court. Appellant’s appointed counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Since the appellant has not filed a motion to withdraw her guilty plea with the trial court, we dismiss this appeal without prejudice to the appellant to file a proper post-conviction motion with the trial court. Robinson v. State, 373 So.2d 898 (Fla.1979); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979).

FRANK D. UPCHURCH and COWART, JJ., concur.

Ivey v. State, 390 So. 2d 812, 1980 Fla. App. LEXIS 17749 (Fla. Ct. App. 1980).

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Opinion

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