Whitten v. State

District Court of Appeal of Florida

Whitten v. State

802 So. 2d 475, 2001 Fla. App. LEXIS 18023, 2001 WL 1637003

CourtDistrict Court of Appeal of Florida

DecidedDecember 21, 2001

DocketNo. 2D00-5384

StatusPublished

This text of 802 So. 2d 475 (Whitten 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.

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Whitten v. State, 802 So. 2d 475, 2001 Fla. App. LEXIS 18023, 2001 WL 1637003 (Fla. Ct. App. 2001).

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Opinion

SCHEB, JOHN M„ Senior Judge.

We affirm Damion Whitten’s judgment and sentences in these consolidated cases without prejudice to any right Whitten may have to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Pertaining to circuit court case numbers 99-3865F and 00-659F, we note that a defendant may not challenge the voluntariness of a guilty or nolo contendere plea on direct appeal unless the issue • has been preserved by a motion to withdraw the plea filed in the trial court. See State v. Thompson, 735 So.2d 482 (Fla.1999).

Affirmed.

STRINGER, A.C.J., and DAVIS, J., Concur.

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SCHEB, JOHN M„ Senior Judge.

We affirm Damion Whitten’s judgment and sentences in these consolidated cases without prejudice to any right Whitten may have to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Pertaining to circuit court case numbers 99-3865F and 00-659F, we note that a defendant may not challenge the voluntariness of a guilty or nolo contendere plea on direct appeal unless the issue • has been preserved by a motion to withdraw the plea filed in the trial court. See State v. Thompson, 735 So.2d 482 (Fla.1999).

Affirmed.

STRINGER, A.C.J., and DAVIS, J., Concur.

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802 So. 2d 475, 2001 Fla. App. LEXIS 18023, 2001 WL 1637003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitten-v-state-fladistctapp-2001.

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