McIntyre v. State

District Court of Appeal of Florida

McIntyre v. State

427 So. 2d 1108, 1983 Fla. App. LEXIS 18860

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1983

DocketNo. 82-162

StatusPublished

Cited by2 cases

This text of 427 So. 2d 1108 (McIntyre 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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McIntyre v. State, 427 So. 2d 1108, 1983 Fla. App. LEXIS 18860 (Fla. Ct. App. 1983).

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Opinion

PER CURIAM.

The defendant challenges the trial court’s retention of jurisdiction over the first one-third of the sentences imposed after he pled guilty to charges of kidnapping and aggravated battery. Section 947.16, Florida Statutes (1981). Since the record shows that McIntyre neither objected to this aspect of the sentence nor sought to withdraw the plea on that ground below, the point— which essentially concerns the voluntariness and knowledgeability of the plea, Viars v. State, 415 So.2d 75 (Fla. 1st DCA 1982)— may not be raised on this direct appeal. Robinson v. State, 373 So.2d 898 (Fla.1979); Ratushinak v. State, 425 So.2d 1204 (Fla. 3d DCA 1983); Medina v. State, 411 So.2d 323 (Fla. 5th DCA 1982); Griffin v. State, 403 So.2d 623 (Fla. 5th DCA 1981). The judgment and sentences are therefore affirmed without prejudice to the filing of an appropriate motion under Fla.R.Crim.P. 3.850. Ratushinak v. State, supra; Griffin v. State, supra.

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PER CURIAM.

The defendant challenges the trial court’s retention of jurisdiction over the first one-third of the sentences imposed after he pled guilty to charges of kidnapping and aggravated battery. Section 947.16, Florida Statutes (1981). Since the record shows that McIntyre neither objected to this aspect of the sentence nor sought to withdraw the plea on that ground below, the point— which essentially concerns the voluntariness and knowledgeability of the plea, Viars v. State, 415 So.2d 75 (Fla. 1st DCA 1982)— may not be raised on this direct appeal. Robinson v. State, 373 So.2d 898 (Fla.1979); Ratushinak v. State, 425 So.2d 1204 (Fla. 3d DCA 1983); Medina v. State, 411 So.2d 323 (Fla. 5th DCA 1982); Griffin v. State, 403 So.2d 623 (Fla. 5th DCA 1981). The judgment and sentences are therefore affirmed without prejudice to the filing of an appropriate motion under Fla.R.Crim.P. 3.850. Ratushinak v. State, supra; Griffin v. State, supra.

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Bluebook (online)

427 So. 2d 1108, 1983 Fla. App. LEXIS 18860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcintyre-v-state-fladistctapp-1983.

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