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Gastineau v. State

District Court of Appeal of Florida, Fifth District
May 20, 1981
398 So. 2d 492 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-697.

May 20, 1981.

Appeal from Circuit Court, Volusia County; Uriel Blount, Jr., Judge.

James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard W. Prospect, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a judgment and sentence entered by the Circuit Court of Volusia County, Florida. The public defender has filed an Anders motion and brief, requesting leave to withdraw as counsel for appellant.

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Appellant entered a plea of nolo contendere to the charge of burglary of a structure, but she did not reserve the right to appeal any ruling by the trial court. Therefore she waived her right to appeal all matters relating to the judgment. Fla.R. App.P. 9.140(b)(1); Fla.R.Crim.P. 3.172(c)(iv). The record reflects no appealable issues which occurred contemporaneously with the entry of the plea. See Robinson v. State, 373 So.2d 898 (Fla. 1979).

Accordingly, the appeal is dismissed without prejudice to appellant to seek appropriate collateral relief in the trial court. In the Interest of: S.C. v. State, 388 So.2d 643 (Fla. 5th DCA 1980); Johnson v. State, 388 So.2d 621 (Fla. 5th DCA 1980).

The public defender's motion to withdraw is hereby granted.

Appeal DISMISSED.

ORFINGER and COBB, JJ., concur.


Summaries of

Gastineau v. State

District Court of Appeal of Florida, Fifth District
May 20, 1981
398 So. 2d 492 (Fla. Dist. Ct. App. 1981)
Case details for

Gastineau v. State

Case Details

Full title:TRUDY L. GASTINEAU, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 20, 1981

Citations

398 So. 2d 492 (Fla. Dist. Ct. App. 1981)

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