RAYMOND SCHOLTES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAYMOND SCHOLTES, APPELLANT,
STATE OF FLORIDA, APPELLEE
27 So. 3d 175
Florida District Court of Appeal, Fourth District (2010)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Affirmed. See Robinson v. State, 373 So.2d 898 (Fla.1979). In this appeal pursuant to Anders, 1 Appellant’s pro se brief raises issues of an involuntary plea which were not preserved for appeal by the filing of a motion to withdraw his plea. This affirmance is without prejudice to Appellant’s right to assert such issues in a timely and sufficient rule 3.850 motion for post-conviction relief.
GROSS, C.J., STEVENSON and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ruiz v. State, 108 So. 3d 694 (Fla. 2d DCA 2013)…-mance of a direct appeal on an unpre-served issue does not bar a defendant from seeking postconviction review under a claim of ineffective assistance of counsel. See, e.g., Harris v. State, 826 So. 2d 340, 341 (Fla. 2d DCA 2002); Scholtes v. State, 27 So. 3d 175, 176 (Fla. 4th DCA 2010). Accordingly, the postconviction court erred in denying this motion summarily. We note that the issue on remand is not whether Mr. Ruiz would have received a new trial in his direct appeal if counsel had preserved the issue…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)