Lemon v. State

District Court of Appeal of Florida

Lemon v. State

913 So. 2d 730, 2005 Fla. App. LEXIS 17034, 2005 WL 2806329

District Court of Appeal of Florida·Decided October 28, 2005·No. No. 5D05-346·Published

Opinion

PER CURIAM.

This is an appeal from a judgment and sentence entered by the trial court after the appellant, Raynaldo Lemon, pled guilty to a violation of the sexual offender registration law. Mr. Lemon has not moved to withdraw his plea, and may not, therefore, bring this direct appeal. See § 924.06(3),' Fla. Stat. (2005); Fla. R.App. P. 9.140(b)(2)(A)(ii). See also Eisaman v. [731]*731State, 440 So.2d 470 (Fla. 5th DCA 1983). Accordingly, we dismiss this appeal. Because of the peculiar circumstances of this case, however, we do so without prejudice in order to allow Mr. Lemon to have an opportunity to seek leave of the trial court to withdraw his guilty plea.

DISMISSED.

SAWAYA, PALMER and MONACO, JJ., concur.

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PER CURIAM.

This is an appeal from a judgment and sentence entered by the trial court after the appellant, Raynaldo Lemon, pled guilty to a violation of the sexual offender registration law. Mr. Lemon has not moved to withdraw his plea, and may not, therefore, bring this direct appeal. See § 924.06(3),' Fla. Stat. (2005); Fla. R.App. P. 9.140(b)(2)(A)(ii). See also Eisaman v. [731]*731State, 440 So.2d 470 (Fla. 5th DCA 1983). Accordingly, we dismiss this appeal. Because of the peculiar circumstances of this case, however, we do so without prejudice in order to allow Mr. Lemon to have an opportunity to seek leave of the trial court to withdraw his guilty plea.

DISMISSED.

SAWAYA, PALMER and MONACO, JJ., concur.

Lemon v. State, 913 So. 2d 730, 2005 Fla. App. LEXIS 17034, 2005 WL 2806329 (Fla. Ct. App. 2005).

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Opinion

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