D.P.J., JR., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D.P.J., JR., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
779 So. 2d 291
Florida District Court of Appeal, Second District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
D.P.J. challenges the imposition of community control after he pleaded guilty to lewd assault. He argues that he should be allowed to withdraw his plea because the trial court failed to establish a factual basis for the plea. This issue has not been preserved and cannot be entertained on direct appeal because D.P.J. did not object at the plea hearing nor did he file a motion to withdraw his plea with the trial court. Accordingly, we dismiss this appeal without prejudice to allow D.P.J. to file a motion to withdraw his plea in the trial court. See J.S. v. State, 658 So. 2d 638 (Fla. 2d DCA 1995).
PARKER, C.J., and CAMPBELL and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hawkins v. State, 138 So. 3d 1196 (Fla. 2d DCA 2014)…underlying facts established a willful failure to appear, thereby barring his challenge to his convictions based upon the sufficiency of the evidence on appeal when he did not object or seek to withdraw his pleas on that basis. See D.P.J. v. State, 779 So. 2d 291 (Fla. 2d DCA 1998); see also Brawley v. State, 815 So. 2d 789 (Fla. 4th DCA 2002). Accordingly, we find no reversible error on Mr. Hawkins’ first argument. B. The Failure to Appear for Sentencing While on Furlough. Mr. Hawkins’ furlough arrangemen…
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Binder v. State, 853 So. 2d 537 (Fla. 5th DCA 2003)…sons not apparent on this record. In any event, since Binder did not object, reserve the right to appeal or move to withdraw his plea, he may not attack this conviction here. See Brawley v. State, 815 So. 2d 789 (Fla. 4th DCA 2002); D.P.J. v. State, 779 So. 2d 291 (Fla. 2d DCA 1998); Nettles v. State, 673 So. 2d 547 (Fla. 4th DCA 1996); Fla. R.App. P. 9.140(b)(2); § 924.051(4), Fla. Stat. (2002). AFFIRMED. ORFINGER and MONACO, JJ., concur. . Sections 943.0435(7) and 943.0435(9), Fla. Stat. (2002). . The S…
Authorities Cited
- J.S. v. State, 658 So. 2d 638 (Fla. 2d DCA 1995)