EARL GEORGE DAVIS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appeal dismissed without prejudice to appellant’s right to seek relief by habeas corpus pursuant to Baggett v. Wainwright, Fla.1969, 229 So.2d 239. See also Powe v. State, Fla.1968, 216 So.2d 446, and Pratt v. State, Fla.App.2d 1970, 232 So.2d 248.
Prior to seeking delayed appellate review, the appellant should consider that he was adjudicated pursuant to a plea of guilty. All he is now alleging is that he was denied appellate review. Of course, he has a right to appeal but this is a needless expense to the taxpayers if there is no error in the trial court proceeding. If there is any reason why the guilty plea should be set aside, the appellant should consider whether ' he. wants to pursue a fruitless appeal or to file a petition under Rule 3.850, Fla.R.Cr.P., 33 F.S.A., if he alleges that the guilty plea was unlawfully *548received in the first instance. If the record in the trial court would reveal the propriety of the guilty plea, Davis’ appeal would be frivolous.
PIERCE, C. J., and HOBSON and MANN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Davis v. State, 277 So. 2d 300 (Fla. 2d DCA 1973)…f his right to appeal pursuant to CrPR 1.-670(2). The motion was denied. This, of course, transpired long after the 30 days for taking a direct appeal had passed. Nevertheless, this court entered a per cur-iam opinion on April 12, 1972, at Fla.App., 260 So. 2d 547, stating: “Appeal dismissed without prejudice to appellant’s right to seek relief by habeas corpus pursuant to Baggett v. Wainwright, Fla.1969, 229 So. 2d 239.” However, in that opinion, this court attempted to advise the appellant to consider that…
Authorities Cited
- Baggett v. Louie L. Wainwright, 229 So. 2d 239 (Fla. 1969)
- Powe v. State, 216 So. 2d 446 (Fla. 1968)
- Pratt v. State, 232 So. 2d 248 (Fla. 2d DCA 1970)