Shurman v. State

District Court of Appeal of Florida

Shurman v. State

703 So. 2d 1249, 1998 Fla. App. LEXIS 146, 1998 WL 4075

CourtDistrict Court of Appeal of Florida

DecidedJanuary 9, 1998

DocketNo. 97-1410

StatusPublished

This text of 703 So. 2d 1249 (Shurman 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

Shurman v. State, 703 So. 2d 1249, 1998 Fla. App. LEXIS 146, 1998 WL 4075 (Fla. Ct. App. 1998).

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Opinion

W. SHARP, Judge.

ON MOTION TO DISMISS

We grant the state’s motion to dismiss this appeal. The defendant, Shurman, pled guilty to the charge of racketeering¹ and the trial court sentenced him under the pre-1994 guidelines to 8 years in prison, followed by 22 years on probation. Shurman made no objection to any part of the proceedings, and alleged no error to be preserved for appeal. He did not file a motion to correct the sentence pursuant to Florida Rule of Criminal Procedure 3.800(b). He also did not move to withdraw his plea. Thus, Shurman is barred from raising the Robinson² issues, other than jurisdiction, which is not involved in this ease. FlaApp. R. Proc. 9.140(b)(2).

Since there is no issue to be considered on direct appeal, we dismiss. This dismissal is without prejudice to Shurman to present any claims pursuant to Florida Rule of Criminal Procedure 3.850, such as ineffective assistance of counsel.

DISMISSED.

GRIFFIN, C. J., and PETERSON, J., concur.

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W. SHARP, Judge.

ON MOTION TO DISMISS

We grant the state’s motion to dismiss this appeal. The defendant, Shurman, pled guilty to the charge of racketeering¹ and the trial court sentenced him under the pre-1994 guidelines to 8 years in prison, followed by 22 years on probation. Shurman made no objection to any part of the proceedings, and alleged no error to be preserved for appeal. He did not file a motion to correct the sentence pursuant to Florida Rule of Criminal Procedure 3.800(b). He also did not move to withdraw his plea. Thus, Shurman is barred from raising the Robinson² issues, other than jurisdiction, which is not involved in this ease. FlaApp. R. Proc. 9.140(b)(2).

Since there is no issue to be considered on direct appeal, we dismiss. This dismissal is without prejudice to Shurman to present any claims pursuant to Florida Rule of Criminal Procedure 3.850, such as ineffective assistance of counsel.

DISMISSED.

GRIFFIN, C. J., and PETERSON, J., concur.

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Bluebook (online)

703 So. 2d 1249, 1998 Fla. App. LEXIS 146, 1998 WL 4075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shurman-v-state-fladistctapp-1998.

Opinion

W. SHARP, Judge.

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