Hayes v. State

Full title: JOHN STEVEN HAYES, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, First District

Date published: Dec 7, 1994

646 So. 2d 798 (Fla. Dist. Ct. App. 1994)

Opinion

No. 93-3823.

December 7, 1994.

An appeal from the Circuit Court for Bay County; Clinton E. Foster, Judge.

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Brief filed by appellant pro se.

Robert A. Butterworth, Atty. Gen., James W. Rogers, Asst. Atty. Gen., Tallahassee, for appellee.

MICKLE, Judge.

Given the facts in the record, we follow the well-established rule that an appeal from a plea of no contest should never be a substitute for a motion to withdraw the plea. Robinson v. State, 373 So.2d 898, 902 (Fla. 1979). Accordingly, we affirm judgment and sentence. See Heatley v. State, 636 So.2d 153, 154 (Fla. 1st DCA 1994), and Isley v. State, 565 So.2d 389 (Fla. 5th DCA 1990).

WOLF and WEBSTER, JJ., concur.