JAMES L. SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES L. SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
465 So. 2d 573
Florida District Court of Appeal, Fourth District (1985)
Negative Treatment
Cited by 34 cases
Opinion of the Court
PER CURIAM.
This appeal is dismissed inasmuch as 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); 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (16 total)
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Sabb v. State, 479 So. 2d 845 (Fla. 1st DCA 1985)…ons is neither clear and convincing nor supported by the evidence. If anything, the evidence and testimony at the sentencing hearing revealed that Sabb was remorseful for his actions. Clearly, this reason cannot justify a departure. Sarvis v. State, 465 So. 2d 573 (Fla. 1st DCA 1985). The final reason for departure, that Sabb is a threat to society and there is no reasonable expectation that similar behavior would cease upon his release, is likewise insufficient. The guidelines call for a prison sentence of…
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Scobee v. State, 488 So. 2d 595 (Fla. 1st DCA 1986)…e Crapps v. State, 483 So. 2d 544 (Fla. 1st DCA 1986). Further, the statement that the defendant’s “chances for rehabilitation are nil” is insufficient because there is no explanation as to why the defendant cannot be rehabilitated. Sards v. State, 465 So. 2d 573 (Fla. 1st DCA 1985). Likewise, it is unclear whether the trial court based his reason for departure on the timing of the commission of the various criminal offenses committed by appellant. Swain v. State, 455 So. 2d 533 (Fla. 1st DCA 1984). This cou…
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Scurry v. State, 472 So. 2d 779 (Fla. 1st DCA 1985)…A 1985) (reason number nine). [*782] Reason number six is an improper reason for departing from the recommended guidelines sentence. Defendant’s lack of remorse is not a clear and convincing reason to depart from the guidelines. See Sarvis v. State, 465 So. 2d 573 (Fla. 1st DCA 1985); Cf. Hubler v. State, 458 So. 2d 350 (Fla. 1st DCA 1984); Hunt v. State, 468 So. 2d 1100, 1101 (Fla. 1st DCA 1985). Therefore, finding that the majority of the trial judge’s reasons for departure from the guidelines are valid, c…
Previewing 3 of 16 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)
- Massey v. State, 417 So. 2d 1162 (Fla. 1st DCA 1982)