MALDONADO IVEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1980-12-03
No. 80-133
FRANK D. UPCHURCH and COWART, JJ., concur.
390 So. 2d 812 Florida District Court of Appeal, Fifth District (1980) Positive Treatment
Cited by 1 case

Opinion of the Court
COBB, Judge.

COBB, Judge.

Appellant seeks to appeal from a judgment and sentence entered upon his plea of guilty of grand theft. Appellant did not file any post-conviction motions with the trial court. Appellant’s appointed counsel has filed a brief and moved to withdraw pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Since the appellant has not filed a motion to withdraw her guilty plea with the trial court, we dismiss this appeal without prejudice to the appellant to file a proper post-conviction motion with the trial court. Robinson v. State, 373 So. 2d 898 (Fla.1979); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).

FRANK D. UPCHURCH and COWART, JJ., concur.


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