Opinion
No. 72-82.
October 13, 1972.
Appeal from the Circuit Court, Pasco County, Richard Kelly, J.
Waldense D. Malouf, Clearwater, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and David Luther Woodward, Asst. Atty. Gen., Tampa, for appellee.
This appeal is taken from a judgment entered upon plea of guilty and asserts fundamental error. It appears that the question argued on appeal was not first presented to the trial court. Accordingly, the appeal is dismissed without prejudice to the right of appellant to file a petition under Cr.P.R. 3.850, 33 F.S.A.
LILES, A.C.J., and HOBSON and MANN, JJ., concur.