ROBERT STEPHEN WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1981-02-25
No. 80-632
DAUKSCH, C. J., and COWART, J., concur.
394 So. 2d 225 Florida District Court of Appeal, Fifth District (1981) Positive Treatment
Cited by 3 cases
Opinion of the Court
COBB, Judge.

COBB, Judge.

Appellant was charged with burglary of a structure in violation of section 810.02, Florida Statutes (1979). He pled guilty pursuant to the terms of a plea bargain. His plea was accepted and he was sentenced to four years imprisonment.

Appellant has appealed the judgment and his sentence. Prior to the appeal, he did not file any post-conviction motions. We dismiss the appeal of the judgment pursuant to Robinson v. State, 373 So. 2d 898 (Fla.1979), and Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). We affirm the sentence.

DISMISSED in part; AFFIRMED in part.

DAUKSCH, C. J., and COWART, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Griffin v. State, 403 So. 2d 623 (Fla. 5th DCA 1981)
    …guilty that was entered pursuant to a written plea agreement. A defendant should file a post-trial motion with the trial court seeking to withdraw a plea prior to appealing the plea. Robinson v. State, 373 So. 2d 898 (Fla.1979); Wallace v. State, 394 So. 2d 225 (Fla. 5th DCA 1981); Wells v. State, 390 So. 2d 808 (Fla. 5th DCA 1980); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). There is nothing in the record to show that any such post-trial motion was filed in the case at hand. Accordingly, we dismiss…
  • Brister v. State, 562 So. 2d 452 (Fla. 5th DCA 1990)
    …ccordingly, the probation order in Circuit Court Case No. 89-3441 is modified to show that the total of the probationary [*453] split sentence is 4 years rather than 4¾⅛ years. Cf. Nobile v. State, 542 So. 2d 1066 (Fla. 5th DCA 1989); Wynn v. State, 394 So. 2d 225 (Fla. 5th DCA 1981). As corrected, the judgment and sentence and probation orders are affirmed. DAUKSCH and COWART, JJ., concur. . The probation order erroneously suggests that the appellant received a "true split sentence" rather than a “probati…
  • Capo v. State, 397 So. 2d 409 (Fla. 5th DCA 1981)
    …imprisonment. Appellant has appealed the judgment and his sentence. Prior to the appeal, he did not file any post-conviction motions. We dismiss the appeal of the judgment pursuant to Robinson v. State, 373.So. 2d 898 (Fla.1979); Wallace v. State, 394 So. 2d 225 (Fla. 5th DCA 1981); and Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). We affirm the sentence. DISMISSED in part; AFFIRMED in part. SHARP and COWART, JJ., concur.…

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