CURTIS EUGENE WILSON, III
v.
STATE OF FLORIDA

Fla. 2d DCA | 2018-03-23
No. 17-1506
Khouzam, J., Morris, J., Salario, J., Ezelle, J.
239 So. 3d 1283 Florida District Court of Appeal, Second District (2018)

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Holding

The judgment and sentences are affirmed, but the affirmance is without prejudice to allow Wilson to file a postconviction motion alleging involuntariness of his plea.


Headnotes

[1] An appellate affirmance of a conviction may be entered without prejudice to allow the defendant to file a postconviction motion challenging the involuntariness of a guilt…

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Facts & Procedural History

Curtis Eugene Wilson, III was convicted and sentenced in Hardee County Circuit Court. The specific charges and facts are not detailed in this opinion.…

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Opinion of the Court
Salario

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

CURTIS EUGENE WILSON, III, ) ) Appellant, ) ) v. ) Case No. 2D17-1506 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________) Opinion filed March 23, 2018. Appeal from the Circuit Court for Hardee County; Marcus J. Ezelle, Judge. Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. KHOUZAM, Judge. We affirm the judgment and sentences of Curtis Eugene Wilson, III, without comment. Our affirmance, however, is without prejudice for Mr. Wilson to file an appropriate postconviction motion alleging the involuntariness of his plea. See Fla. R. Crim. P. 3.850(a)(5); Fla. R. Crim. P. 3.172(c); Koenig v. State, 597 So. 2d 256, 258 (Fla. 1992); Vance v. State, 796 So. 2d 1286, 1288 (Fla. 5th DCA 2001).

Affirmed. MORRIS and SALARIO, JJ., Concur.


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