WILLIAM RICHARD WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM RICHARD WALLACE, APPELLANT,
STATE OF FLORIDA, APPELLEE
605 So. 2d 602
Florida District Court of Appeal, First District (1992)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We treat appellant’s notice of appeal as a prematurely filed timely notice of appeal pursuant to Williams v. State, 324 So. 2d 74 (Fla.1975) and deny the state’s motion to dismiss.
We affirm the order on appeal which denies the appellant’s motion under Florida Rule of Criminal Procedure 3.800. The issue raised in appellant’s brief, that there was no factual basis for the plea which appellant entered, was not presented in the appellant’s motion and thus was not preserved for review on appeal.
JOANOS, C.J., and BOOTH and WIGGINTON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 648 So. 2d 313 (Fla. 1st DCA 1995)…of the initial brief in this cause, counsel for appellant advised this court of the death of Mr. Williams and provided a copy of the death certificate. Counsel suggests that the proper disposition of the appeal is its abatement. See McCall v. State, 605 So. 2d 602 (Fla. 1st DCA 1992); Williams v. State, 602 So. 2d 676 (Fla. 1st DCA 1992); Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988); Cruz v. State, 137 So. 2d 254 (Fla. 2d DCA 1962); Bagley v. State, 122 So. 2d 789 (Fla. 1st DCA 1960); cf. United States…
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Carstens v. State, 638 So. 2d 630 (Fla. 4th DCA 1994)…PER CURIAM. Appellant having died while his appeal was pending, we hereby permanently abate the prosecution of his case ab initio in the trial and appellate courts. McCall v. State, 605 So. 2d 602 (Fla. 1st DCA 1992). GUNTHER, FARMER and KLEIN, JJ., concur.…
Authorities Cited
- Williams v. State, 324 So. 2d 74 (Fla. 1975)