LARRY THIEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DAVIS, Judge.
Larry Thiel entered a negotiated guilty plea to a charge of possession of a controlled substance, and the trial court sentenced him to two years’ probation. He now appeals the adjudication and sentence, arguing that he did not voluntarily and intelligently enter his plea. However, this issue is not subject to appellate review unless the appellant has first moved in the trial court to withdraw his plea. Leonard v. State, 760 So. 2d 114 (Fla.2000); State v. Thompson, 735 So. 2d 482 (Fla.1999). Having failed to do so, Thiel is precluded from raising this issue on direct appeal. Because Thiel has raised no other fundamental issue, we must affirm. See Fla.R.App.P. 9.140(b)(2)(A)(ii); Harriel v. State, 710 So. 2d 102 (Fla. 4th DCA 1998). We do so, however, without prejudice to Thiel’s filing an appropriate motion in the trial court seeking to withdraw his plea.
Affirmed.
BLUE, C.J., and THREADGILL, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lopez v. State, 801 So. 2d 200 (Fla. 4th DCA 2001)…to appellate review, however, because appellant did not move in the trial court to withdraw his plea. We therefore affirm without prejudice to appellant’s filing an appropriate motion in the trial court seeking to withdraw his plea. Thiel v. State, 793 So. 2d 115 (Fla. 2d DCA 2001). STONE, KLEIN and SHAHOOD, JJ., concur.…
Authorities Cited
- Leonard v. State, 760 So. 2d 114 (Fla. 2000)
- Dameion Harriel v. State, 710 So. 2d 102 (Fla. 4th DCA 1998)
- State v. Thompson, 735 So. 2d 482 (Fla. 1999)