CALVIN WASHINGTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Calvin Washington has appealed from conviction and sentence following his plea of nolo contendere to one count of capital sexual battery. The only issue raised on appeal is the possible involuntariness of Washington’s plea. Any alleged infirmity concerning the intelligent or voluntary nature of a plea must first be raised in the trial court. Thomas v. State, 442 So. 2d 296, 297 (Fla. 2d DCA 1983). Because Washington has not done so, the issue is not cognizable on direct appeal. See, e.g., Murray v. State, 566 So. 2d 30 (Fla. 1st DCA 1990); Parker v. State, 576 So. 2d 943 (Fla. 1st DCA 1991). Therefore, this appeal is dismissed, without prejudice to filing in the trial court either a motion to withdraw the plea or a motion under Florida Rule of Criminal Procedure 3.850 to vacate his sentence.
JOANOS, C.J., and WIGGINTON and NIMMONS, JJ., concur.
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Terence Davis v. State, 652 So. 2d 503 (Fla. 4th DCA 1995)…hdraw the plea and a trial court record on that motion is required before this court can review the issue of voluntariness. E.g., Robinson v. State, 373 So. 2d 898 (Fla.1979); Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994); Washington v. State, 582 So. 2d 798 (Fla. 1st DCA 1991); Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990); McGinty v. State, 463 So. 2d 495 (Fla. [*504] 2d DCA 1985); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). HERSEY and KLEIN, JJ., concur.…
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Melton v. State, 678 So. 2d 434 (Fla. 1st DCA 1996)…PER CURIAM. The appellant did not move to withdraw her plea in the trial court, and the asserted issue regarding the voluntary and intelligent character of the plea is thus not now cognizable on direct appeal. Washington v. State, 582 So. 2d 798 (Fla. 1st DCA 1991); Murray v. State, 566 So. 2d 30 (Fla. 1st DCA 1990). The remaining issue, regarding the trial court’s decision to impose sentence within the applicable sentencing guidelines range, is likewise not a proper basis for appeal. See §…
Authorities Cited
- Ruggirello v. State, 566 So. 2d 30 (Fla. 4th DCA 1990)
- Murray v. State, 566 So. 2d 30 (Fla. 1st DCA 1990)
- Thomas v. State, 442 So. 2d 296 (Fla. 2d DCA 1983)
- Parker v. State, 576 So. 2d 943 (Fla. 1st DCA 1991)