JAMES F. HONEYCUTT, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1978-05-17
Nos. 78-69, 78-129 and 78-130
HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur.
359 So. 2d 503 Florida District Court of Appeal, Second District (1978) Caution
Cited by 19 cases

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Holding

A defendant who pleads guilty has no right to a direct appeal and must seek review via collateral attack.


Facts & Procedural History

Defendant pled guilty to armed robbery and burglary charges pursuant to a plea bargain. He now appeals the trial court's acceptance of his pleas.…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

James F. Honeycutt, Jr., appeals judgments and sentences for armed robbery and two burglary charges. He pled guilty to these offenses pursuant to a plea bargain. He now contends that the trial court erred in accepting his pleas.

A defendant who pleads guilty has no right to a direct appeal, but must obtain review by means of collateral attack. Section 924.06(3), Florida Statutes (1977). See aiso Fla.R.App.P. 9.140(b).1 Accordingly, this appeal is dismissed.

HOBSON, Acting C. J., and SCHEB and DANAHY, JJ., concur. . Fla.R.App.P. 9.140(b) provides in pertinent part as follows:

A defendant may not appeal from a judgment entered upon a plea of guilty; nor may a defendant appeal from a judgment entered upon a plea of nolo contendere without an express reservation of the right of appeal from a prior order of the lower tribunal, identifying with particularity the point of law being reserved.

Although this rule is not applicable to this case because the appeal was perfected prior to its effective date, it indicates the interpretation to be placed upon § 924.06(3), Fla.Stat. (1977).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (19 total)

  • Rice v. Dep't of Health & Rehabilitative Servs., 386 So. 2d 844 (Fla. 1st DCA 1980)
    …n proceedings to which appellants were not parties; there has been no rule-making to construe the statute, and as to these appellants that earlier order has no res judicata effect. See McDonald, supra; State Dept. of Health and Rehab. Serv. v. Barr, 359 So. 2d 503, 505 (Fla. 1st DCA 1978): . Agency orders rendered in Section 120.57 proceedings may indirectly determine controversies and affect persons yet unborn. But the rule is stare decisis, not res judicata. If such a person’s substantial interests are to…
  • Bowling v. Dep't OF Ins., 394 So. 2d 165 (Fla. 1st DCA 1981)
    …policy in Section 120.57 proceedings is the price the agency pays to avoid rulemaking. Hill v. School Board of Leon County, 351 So. 2d 732 (Fla. 1st DCA 1977), cert. den., 359 So. 2d 1215 (Fla. 1978); State Dept. of Health and Rehab. Serv. v. Barr, 359 So. 2d 503, 505 (Fla. 1st DCA 1978) (“But the rule is stare decisis, not res judicata .... Section 120.57 proceedings will afford him the opportunity to attack the agency’s position by appropriate means ...."); contrast Jax Liquors, Inc. v. Division of Alcohol…
  • Bobby Ray Couch et ux. v. State, 377 So. 2d 32 (Fla. 1st DCA 1979)
    …ion of the Circuit Court in the pending proceeding. This court has previously applied to administrative proceedings certain well established judicial principles, for example, stare decisis, State Dept. of Health and Rehabilitative Services v. Barr, 359 So. 2d 503 (Fla. 1st DCA 1978), res judicata and collateral estoppel, State Dept. of Health and Rehabilitative Services v. Professional Firefighters of Florida, Inc., 366 So. 2d 1276 (Fla. 1st DCA 1979). Owing to the similarity of declaratory statement proceed…

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