CARLOS LOPEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CARLOS LOPEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
801 So. 2d 200
Florida District Court of Appeal, Fourth District (2001)
Caution
Cited by 14 cases
Opinion of the Court
PER CURIAM.
Appellant appeals his conviction, arguing that he did not voluntarily and intelligently enter his plea. This issue is not subject 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.
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Koppelman v. State, 876 So. 2d 618 (Fla. 4th DCA 2004)…e of discretion.” Lock v. State, 799 So. 2d 384, 385 (Fla. 4th DCA 2001) (internal citations omitted). In addition, this court must accept the trial court’s findings of fact, so long as those findings are supported by the record. Underwood v. State, 801 So. 2d 200 (Fla. 4th DCA 2001). The state first responds by pointing out that the issue was not properly preserved. Although Koppelman challenged the admissibility of his statements, the marijuana, the cocaine, and the paraphernalia in his motion to suppress,…
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C.W. v. State, 76 So. 3d 1093 (Fla. 3d DCA 2011)…pass sufficient to sustain charge of resisting arrest). Here, there is no evidence that C.W. actually interfered with traffic, and the mere potential to interfere with traffic is insufficient to justify the officers’ actions. Cf. Underwood v. State, 801 So. 2d 200, 202 (Fla. 4th DCA 2001) (holding that an officer lacked probable cause to stop the defendant for obstruction of traffic because there was no evidence that the defendant actually hindered or endangered the normal use of the street or had the intent…1 / 3
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State v. Russell, 814 So. 2d 483 (Fla. 5th DCA 2002)…im of sexual battery wherein victim called suspect at his home). REVERSED and REMANDED; Cross-Appeal AFFIRMED. PETERSON and GRIFFIN, JJ., concur. . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). . See Underwood v. State, 801 So. 2d 200 (Fla. 4th DCA 2001); Rosenquist v. State, 769 So. 2d 1051 (Fla. 2d DCA 2000); Ikner v. State, 756 So. 2d 1116 (Fla. 1st DCA 2000).…
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- Thiel v. State, 793 So. 2d 115 (Fla. 2d DCA 2001)