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Exavier v. State

District Court of Appeal of Florida, Fourth District
May 19, 1999
732 So. 2d 472 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-2931

Opinion filed May 19, 1999.

Appeal of orders denying rule 3.850 motions from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Stephen A. Rapp and Howard C. Berman, Judges; L.T. No. 94-10824 CFA02.

Donnie Murrell, West Palm Beach, for appellant.

No appearance required for appellee.


Appellant, Saintamene Exavier, timely appeals the summary denial of her motion to vacate her guilty plea. Since Exavier did not seek to withdraw her plea prior to being sentenced in February 1995, the only vehicle available to her to vacate her plea was to file a motion under Florida Rule of Criminal Procedure 3.850. See Brown v. State, 661 So.2d 95, 96 (Fla. 4th DCA 1995), rev. denied, 668 So.2d 602 (Fla. 1996). We therefore affirm the denial of appellant's motion to vacate her plea, but without prejudice to Exavier filing a motion complying with the requirements of rule 3.850, within thirty days of the issuance of this court's mandate. See Jones v. State, 708 So.2d 1045 (Fla. 4th DCA 1998).

DELL, GUNTHER and HAZOURI, JJ., concur.


Summaries of

Exavier v. State

District Court of Appeal of Florida, Fourth District
May 19, 1999
732 So. 2d 472 (Fla. Dist. Ct. App. 1999)
Case details for

Exavier v. State

Case Details

Full title:SAINTAMENE EXAVIER, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: May 19, 1999

Citations

732 So. 2d 472 (Fla. Dist. Ct. App. 1999)