Hopwood v. State

Full title: PAUL K. HOPWOOD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jun 14, 1984

451 So. 2d 534 (Fla. Dist. Ct. App. 1984)

Opinion

No. 83-1361.

June 14, 1984.

Appeal from Circuit Court, Seminole County; C. Vernon Mize, Jr., Judge.

James B. Gibson, Public Defender and Cynthia Karl-Stamm, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.

SHARP, J., dissents with opinion.

SHARP, Judge, dissenting.

Hopwood is attempting to appeal from his criminal conviction and sentence rendered after he entered a plea of no contest. He reserved no basis for appeal and does not argue that there is any exception, as set forth in Robinson v. State, 373 So.2d 898 (Fla. 1979), that gives him the right to a direct appeal. Under these circumstances, this court has uniformly dismissed the case for lack of jurisdiction. Stinson v. State, 448 So.2d 1240 (Fla. 5th DCA, 1984). That is what we should do in this case.