JERRY ROBERTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-12-26
No. 84-2623
DELL, WALDEN, JJ., and BOARD-MAN, EDWARD F. (Retired), Associate Judge, concur.
479 So. 2d 879 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Since Jerry Roberts pled guilty to a criminal charge, he may not appeal. Kiriluk v. State, 440 So. 2d 520 (Fla. 4th DCA 1983). The appeal is dismissed without prejudice to Roberts’ right to seek collateral relief.

Dismissed.

DELL, WALDEN, JJ., and BOARD-MAN, EDWARD F. (Retired), Associate Judge, concur.


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  • Ross v. State, 566 So. 2d 356 (Fla. 4th DCA 1990)
    …6(3), Florida Statutes (1989), and Florida Rule of Criminal Procedure 3.172(c)(iv) preclude an appeal after entry of a guilty plea, a position which has repeatedly been followed by this court under similar circumstances. Tannihill; Roberts v. State, 479 So. 2d 879 (Fla. 4th DCA 1985); Kiriluk v. State, 440 So. 2d 520 (Fla. 4th DCA 1983). What is particularly distressing is that in the lower court both the defense attorney and the trial court were “asleep at the wheel” when the plea colloquy began. Even thoug…

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