Randall v. State

District Court of Appeal of Florida

Randall v. State

438 So. 2d 1029, 1983 Fla. App. LEXIS 22483

Procedural entryThis page is a short order in Randall v. State. Read the opinion of the Court — 458 So. 2d 822 →

District Court of Appeal of Florida·Decided October 13, 1983·No. Nos. AQ-279, AQ-301·Published

Opinion

THOMPSON, Judge.

This appeal is dismissed because Fla.R. App.P. 9.140(b)(1) prohibits a direct appeal from a judgment and sentence based on a guilty plea and because there is no indication in the record that appellant moved to withdraw his guilty pleas in the lower court. Robinson v. State, 373 So.2d 898 (Fla.1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal is with[1030]*1030out prejudice to appellant’s right to seek post-conviction relief pursuant to Fla.R. Crim.P. 3.850, if such presentation in the lower court has not been barred by some other limitation.

ERVIN, C.J., and NIMMONS, J., concur.

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THOMPSON, Judge.

This appeal is dismissed because Fla.R. App.P. 9.140(b)(1) prohibits a direct appeal from a judgment and sentence based on a guilty plea and because there is no indication in the record that appellant moved to withdraw his guilty pleas in the lower court. Robinson v. State, 373 So.2d 898 (Fla.1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal is with[1030]*1030out prejudice to appellant’s right to seek post-conviction relief pursuant to Fla.R. Crim.P. 3.850, if such presentation in the lower court has not been barred by some other limitation.

ERVIN, C.J., and NIMMONS, J., concur.

Randall v. State, 438 So. 2d 1029, 1983 Fla. App. LEXIS 22483 (Fla. Ct. App. 1983).

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Opinion

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