Randall v. State

District Court of Appeal of Florida

Randall v. State

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

CourtDistrict Court of Appeal of Florida

DecidedOctober 13, 1983

DocketNos. AQ-279, AQ-301

StatusPublished

This text of 438 So. 2d 1029 (Randall 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.

Bluebook

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

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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.

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Bluebook (online)

438 So. 2d 1029, 1983 Fla. App. LEXIS 22483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/randall-v-state-fladistctapp-1983.

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