JOSEPH L. KAYS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-10-11
No. 84-2080
DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
476 So. 2d 317 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We dismiss this appeal without prejudice to the appellant’s subsequent filing of a motion in the trial court pursuant to Florida Rule of Criminal Procedure 3.850 challenging the voluntariness of his plea. See Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).

DANAHY, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.


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  • Washington v. State, 510 So. 2d 355 (Fla. 2d DCA 1987)
    …raise this issue in his motion, we affirm the trial court’s denial, without prejudice to appellant to raise the voluntariness of his plea in a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850. See Kays v. State, 476 So. 2d 317 (Fla. 2d DCA 1985); Sanders v. State, 462 So. 2d 68 (Fla. 2d DCA 1984). Appellant next contends that the trial court did not provide clear and convincing reasons for departing from the guidelines. The trial court’s first two reasons for departure a…
  • Dawkins v. State, 501 So. 2d 188 (Fla. 2d DCA 1987)
    …ed battery in accordance with his pleas; however, the final judgment filed the same day recites that Dawkins is guilty of armed burglary and aggravated battery. The written judgment must not vary from the court's oral pronouncement. Durick v. State, 476 So. 2d 317 (Fla. 2d DCA 1985). Accordingly, we remand this cause to the trial court for correction of the error. The judgment and sentence are affirmed in all other respects. CAMPBELL, A.C.J., and HALL and SANDERLIN, JJ., concur.…
  • B.S.C. v. State, 675 So. 2d 257 (Fla. 2d DCA 1996)
    …ears not exceeding 30 years). Because a written judgment must not vary from the court’s oral pronouncement, we remand with directions to correct the written judgment to reflect that B.S.C. was found guilty of robbery with a weapon. Burdick v. State, 476 So. 2d 317 (Fla. 2d DCA 1985). Affirmed and remanded with directions. SCHOONOVER, A.C.J., and PARKER and ALTENBERND, JJ., concur.…

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