Thompson v. State

District Court of Appeal of Florida

Thompson v. State

141 So. 3d 1277, 2014 Fla. App. LEXIS 11013, 2014 WL 3543908

District Court of Appeal of Florida·Decided July 18, 2014·No. 2D13-3766·Published

Opinion

KHOUZAM, Judge.

Jeffrey Thompson appeals his judgment and sentence for possession of oxycodone following a guilty plea, arguing that the trial court erred by accepting his plea without first inquiring about a possible complete defense Thompson raised during the plea hearing. But because the record does not reflect that Thompson filed any motion to withdraw his plea, this claim is unpreserved for appeal. See Jones v. State, 708 So.2d 337, 338 (Fla. 4th DCA 1998). Our affirmance is without prejudice to any right Thompson may have to address the issue via a timely filed motion for postconviction relief.

Affirmed.

BLACK, J., and BAUMANN, HERBERT J., JR., Associate Judge, Concur.

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KHOUZAM, Judge.

Jeffrey Thompson appeals his judgment and sentence for possession of oxycodone following a guilty plea, arguing that the trial court erred by accepting his plea without first inquiring about a possible complete defense Thompson raised during the plea hearing. But because the record does not reflect that Thompson filed any motion to withdraw his plea, this claim is unpreserved for appeal. See Jones v. State, 708 So.2d 337, 338 (Fla. 4th DCA 1998). Our affirmance is without prejudice to any right Thompson may have to address the issue via a timely filed motion for postconviction relief.

Affirmed.

BLACK, J., and BAUMANN, HERBERT J., JR., Associate Judge, Concur.

Thompson v. State, 141 So. 3d 1277, 2014 Fla. App. LEXIS 11013, 2014 WL 3543908 (Fla. Ct. App. 2014).

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Opinion

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