Michael G. Kendrick v. State

204 So. 3d 486, 2016 Fla. App. LEXIS 10921

Opinion

PER CURIAM.

In this Anders 1 appeal, a review of the record shows no apparent reversible error. See State v. Causey, 503 So.2d 321 (Fla. 1987). Following a proper plea colloquy, Michael Gerard Kendrick (“Appellant”) entered a guilty plea, accepting the trial court’s offer of a two-year prison sentence. Appellant never moved to withdraw his plea in the trial court but now seeks a direct appeal challenging the voluntariness of his plea based on the advice of his trial counsel. Because Appellant did not properly preserve this issue for purposes of a direct appeal with the trial court, he must raise the issue through a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Accordingly, we affirm Kendrick’s conviction and sentence without prejudice to his ability to file a timely Rule 3.850 motion.

AFFIRMED.

BERGER, WALLIS and LAMBERT, JJ., concur.

1 . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).