CAROLE JANE GRAFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ORFINGER, Judge.
This is an appeal from a judgment and sentence based on a plea of guilty to a charge of violation of probation.
Appellant contends that her plea was induced by a promise that the court would let her withdraw the plea in the event he determined to sentence her to a term of imprisonment rather than continue her probation. She now requests that we relinquish jurisdiction to the trial court for the purpose of allowing her to file a motion to withdraw her plea.
The appeal is dismissed because no appeal lies from a judgment of conviction based on a plea of guilty. Rule 9.140(b), Fla.R. App.P. However, the dismissal is without prejudice to the right of appellant to question the voluntariness of her plea in the trial court or to apply for appropriate collateral relief. Robinson v. State, 373 So. 2d 898 (Fla.1979); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).
APPEAL DISMISSED.
DAUKSCH, C. J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Byrd v. State, 419 So. 2d 725 (Fla. 5th DCA 1982)…ed circumstances. Fla.R.App.P. 9.140(b), Robinson v. State, 373 So. 2d 898 (Fla.1979). Any question of the voluntary and intelligent character of the plea should first be presented to the trial court in a motion to withdraw the plea. Graff v. State, 389 So. 2d 333 (Fla. 5th DCA 1980); Fick v. State, 388 So. 2d 1352 (Fla. 5th DCA 1980); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). The appeal is dismissed without prejudice to the right of appellant to seek collateral relief in the trial court. The motion…
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Massey v. State, 417 So. 2d 1162 (Fla. 1st DCA 1982)…plea in the court below. Robinson v. State, 373 So. 2d 898 (Fla.1979). This dismissal is, however, without prejudice to appellant’s filing an appropriate motion for post-conviction relief, pursuant to Rule 3.850, Fla.R. Crim.P. See, Graff v. State, 389 So. 2d 333 (Fla. 5th DCA 1980); Counts v. State, 376 So. 2d 59 (Fla. 2nd DCA 1979); Honeycutt v. State, 359 So. 2d 503 (Fla. 2nd DCA 1978). DISMISSED. ROBERT P. SMITH, Jr., C. J„ and LARRY G. SMITH and WENTWORTH, JJ., concur.…
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Tortoriello v. State, 432 So. 2d 739 (Fla. 4th DCA 1983)…PER CURIAM. Appeal dismissed. Graff v. State, 389 So. 2d 333 (Fla. 5th DCA 1980). DOWNEY, HERSEY and DELL, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)