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Clayton v. State

Florida Court of Appeals, Fifth District
Nov 12, 2021
No. 5D20-1883 (Fla. Dist. Ct. App. Nov. 12, 2021)

Opinion

5D20-1883

11-12-2021

ASHLEY CLAYTON, Appellant, v. STATE OF FLORIDA, Appellee.

Matthew J. Metz, Public Defender, Craig R. Atack and George D.E. Burden, Assistant Public Defenders, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Richard A Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Appeal from the Circuit Court for Hernando County, Stephen E. Toner, Jr., Judge. LT Case Nos. 2018-CF-43 2018-CF-152

Matthew J. Metz, Public Defender, Craig R. Atack and George D.E. Burden, Assistant Public Defenders, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Richard A Pallas, Jr., Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Ashley Clayton entered a no-contest plea which resulted in the trial court designating her a habitual felony offender. She has not filed a motion to withdraw her plea. In this Anders appeal, we affirm the trial court's judgments and sentences without prejudice for her to challenge the voluntariness of her plea via motion for postconviction relief if she can do so in good faith. See Leonard v. State, 760 So.2d 114, 119 (Fla. 2000); Kendrick v. State, 204 So.3d 486, 486 (Fla. 5th DCA 2016).

Anders v. California, 386 U.S. 738 (1967).

AFFIRMED.

COHEN, TRAVER and WOZNIAK, JJ., concur


Summaries of

Clayton v. State

Florida Court of Appeals, Fifth District
Nov 12, 2021
No. 5D20-1883 (Fla. Dist. Ct. App. Nov. 12, 2021)
Case details for

Clayton v. State

Case Details

Full title:ASHLEY CLAYTON, Appellant, v. STATE OF FLORIDA, Appellee.

Court:Florida Court of Appeals, Fifth District

Date published: Nov 12, 2021

Citations

No. 5D20-1883 (Fla. Dist. Ct. App. Nov. 12, 2021)