Key v. State

District Court of Appeal of Florida

Key v. State

549 So. 2d 816, 14 Fla. L. Weekly 2387, 1989 Fla. App. LEXIS 5468, 1989 WL 116617

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 1989

DocketNo. 88-01130

StatusPublished

Cited by2 cases

This text of 549 So. 2d 816 (Key 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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Key v. State, 549 So. 2d 816, 14 Fla. L. Weekly 2387, 1989 Fla. App. LEXIS 5468, 1989 WL 116617 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

We affirm appellant’s convictions and sentences. Appellant cannot raise on direct appeal the voluntariness of his “open” no contest plea. Instead, this issue should first be presented to the trial court in a motion to withdraw that plea. Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979). As for appellant’s contention that the imposition of consecutive minimum mandatory sentences may violate Palmer v. State, 438 So.2d 1 (Fla.1983), the record presently before us is not sufficient for this court to make that determination. Again, appellant may raise this issue via Florida Rule of Criminal Procedure 3.850. Daniels v. Smith, 478 So.2d 110 (Fla. 2d DCA 1985).

Affirmed.

SCHEB, A.C.J., and HALL and THREADGILL, JJ., concur.

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PER CURIAM.

We affirm appellant’s convictions and sentences. Appellant cannot raise on direct appeal the voluntariness of his “open” no contest plea. Instead, this issue should first be presented to the trial court in a motion to withdraw that plea. Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979). As for appellant’s contention that the imposition of consecutive minimum mandatory sentences may violate Palmer v. State, 438 So.2d 1 (Fla.1983), the record presently before us is not sufficient for this court to make that determination. Again, appellant may raise this issue via Florida Rule of Criminal Procedure 3.850. Daniels v. Smith, 478 So.2d 110 (Fla. 2d DCA 1985).

Affirmed.

SCHEB, A.C.J., and HALL and THREADGILL, JJ., concur.

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549 So. 2d 816, 14 Fla. L. Weekly 2387, 1989 Fla. App. LEXIS 5468, 1989 WL 116617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/key-v-state-fladistctapp-1989.

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