LEVI EVAN OVENSHIRE
v.
STATE OF FLORIDA
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PER CURIAM.
Levi Ovenshire appeals his sentence after entering a no contest plea for attempted second degree murder and fleeing and eluding. Because Ovenshire failed to file a motion to withdraw his plea, we are without jurisdiction. See Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005); accord Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015); Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013); Vestal v. State, 50 So. 3d 733, 735 (Fla. 5th DCA 2010); Bailey v. State, 21 So. 3d 147, 150 (Fla. 5th DCA 2009). But see Dortch v. State, 242 So. 3d 431, 433 (Fla. 4th DCA), review granted, SC18-681, 2018 WL 3635017 (Fla. July 11, 2018). Consequently, we dismiss the appeal without prejudice to Ovenshire's right to seek appropriate and timely post-conviction relief below. DISMISSED.
WALLIS, EDWARDS, and EISNAUGLE, JJ., concur.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hicks v. State, 915 So. 2d 740 (Fla. 5th DCA 2005)
- Dortch v. State, 242 So. 3d 431 (Fla. 4th DCA 2018)
- Bailey v. State, 21 So. 3d 147 (Fla. 5th DCA 2009)
- Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013)
- Doyle Hilton Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015)