MICHAEL MAURICE MASSEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This appeal is dismissed because no direct appeal lies from a judgment and sentence based on a guilty plea, Rule 9.140(b), Fla.R. App.P., and because appellant failed to make a prior motion to withdraw his guilty 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998)…” Id. at 902. Thus, a defendant who pleads guilty to a criminal offense cannot appeal the voluntariness of his plea without first having filed a motion to withdraw the plea. E.g., Smith v. State, 466 So. 2d 573 (Fla. 4th DCA 1985); Massey v. State, 417 So. 2d 1162 (Fla. 1st DCA 1982). However, a defendant may file a motion for collateral relief pursuant to Fla. R.Crim. P. 3.850 that raises the issue of the voluntary and intelligent character of the guilty plea. Robinson, 373 So. 2d at 903. Each of the issues…
-
Smith v. State, 465 So. 2d 573 (Fla. 4th DCA 1985)…lies from a judgment and sentence based on a guilty plea, Rule 9.140(b), Fla.R.App.P., and because appellant failed to make a prior motion to withdraw his guilty plea in the court below. Robinson v. State, 373 So. 2d 898 (Fla.1979); Massey v. State, 417 So. 2d 1162 (Fla. 1st DCA 1982). This dismissal, however, is without prejudice to appellant’s right to seek appropriate post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P. DISMISSED. GLICKSTEIN, HURLEY and DELL, JJ., concur.…
-
Hughes v. State, 565 So. 2d 354 (Fla. 1st DCA 1990)…nt on to say, however, that the voluntariness of the plea must be first presented to the trial court in a motion to withdraw, id., thus effectively removing that issue as one which can be raised on appeal from judgment and sentence. Massey v. State, 417 So. 2d 1162 (Fla. 1st DCA 1982). Although Robinson dealt with an appeal from a judgment and sentence based on a plea of guilty, its holding has been applied to appeals where the defendant pled nolo contendere without reservation, Maralit v. State, 468 So. 2d 49…
Previewing 3 of 5 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)
- State of Fla. Dep't OF Health & Rehabilitative Servs. v. Samuel Barr, M.D., 359 So. 2d 503 (Fla. 1st DCA 1978)
- Honeycutt v. State, 359 So. 2d 503 (Fla. 2d DCA 1978)
- Graff v. State, 389 So. 2d 333 (Fla. 5th DCA 1980)