BARRY JOHN CRATSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BARRY JOHN CRATSLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
645 So. 2d 1058
Florida District Court of Appeal, Second District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Barry Cratsley challenges the revocation of his probation in case nos. 89-5191, 89-6111, and 90-6037. He contends that his guilty plea was not freely and voluntarily entered.
In order for the issue of the voluntariness of a plea to be considered on direct appeal, a defendant must have filed a motion to withdraw his plea in the trial court. Thomas v. State, 442 So. 2d 296 (Fla. 2d DCA 1983). Cratsley did not do so.
Accordingly, we affirm Cratsley’s judgments and sentences in the aforementioned cases without prejudice to his filing a motion to withdraw his plea in the trial court.
RYDER, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Traniello v. State, 810 So. 2d 1041 (Fla. 2d DCA 2002)…here is no reversible error. Traniello’s letter to the trial judge, while complaining about various matters, was not sufficient to challenge the voluntary nature of his plea or to seek to withdraw the plea. As this court stated in Cratsley v. State, 645 So. 2d 1058, 1058 (Fla. 2d DCA 1994), “[i]n order for the issue of the voluntariness of a plea to be considered on direct appeal, a defendant must have filed a motion to withdraw his plea in the trial court.” Because Traniello has not properly preserved the iss…
Authorities Cited
- Thomas v. State, 442 So. 2d 296 (Fla. 2d DCA 1983)