DARLENE LOADHOLT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant herein appeals the trial court’s order denying her motion for post conviction relief, filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure, which was denied without an evidentiary hearing. The motion claimed ineffective assistance of counsel based on counsel’s failure to file an appeal. In view of the fact that the appellant was convicted and sentenced as a result of the entry of a plea of guilty and, furthermore, the appellant’s motion failed to allege, or even suggest, any of the limited exceptions necessary for an appeal from a guilty plea, as set forth in Robinson v. State, 373 So. 2d 898 (Fla.1979), the trial court was eminently correct in denying appellant’s motion.
Affirmed.
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State v. Trowell, 739 So. 2d 77 (Fla. 1999)…decision in Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998) (en banc), which certified conflict with the decisions in Bridges v. Dugger, 518 So. 2d 298 (Fla. 2d DCA 1987), Gonzalez v. State, 685 So. 2d 975 (Fla. 3d DCA 1997), Loadholt v. State, 683 So. 2d 596 (Fla. 3d DCA 1996), and Zduniak v. State, 620 So. 2d 1083 (Fla. 2d DCA 1993). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons that follow, we approve Trowell. Ronald Trowell entered a guilty plea and was convicted of armed…
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Trowell v. State, 706 So. 2d 332 (Fla. 1st DCA 1998)…uld be frivolous. Several more recent appellate decisions have taken the same approach as the court in Bridges. See, e.g., Thomas v. State, 626 So. 2d 1093 (Fla. 1st DCA 1993); Gonzalez v. State, 685 So. 2d 975 (Fla. 3d DCA 1997); Loadholt v. State, 683 So. 2d 596 (Fla. 3d DCA 1996); Zduniak v. State, 620 So. 2d 1083 (Fla. 2d DCA 1993). Bridges and its progeny are based primarily on Robinson v. State, 373 So. 2d 898 (Fla. 1979),3 wherein the Florida Supreme Court held that a valid guilty plea waives the righ…1 / 2
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Gonzalez v. State, 685 So. 2d 975 (Fla. 3d DCA 1997)…son■ exceptions; and (3) that there is a basis in the record which supports one of the Robinson exceptions. Defendant in this case made no such showing. It follows that defendant’s request for belated appeal was correctly denied. Loadholt v. State, 683 So. 2d 596 (Fla. 3d DCA 1996). Although we deny defendant’s request for a belated direct appeal, this does not leave defendant without a remedy. As explained in Robinson, “The failure of a defendant to raise the issue- of the validity of the plea by an appeal…
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- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)