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Miller v. State

District Court of Appeal of Florida, Second District
May 7, 1997
693 So. 2d 96 (Fla. Dist. Ct. App. 1997)
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Opinion

Case No. 95-05061

Opinion filed May 7, 1997.

Appeal from the Circuit Court for Pasco County; William R. Webb, Judge.

Cedric P. Hay of Beil Hay, P.A., Hudson, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

In this appeal, Larry B. Miller challenges the validity of his plea of nolo contendere to violation of section 847.0133, Florida Statutes (1993). We dismiss this appeal for lack of jurisdiction.

This court lacks jurisdiction to reach the merits because Miller neither moved to withdraw his plea at the hearing, nor sought postconviction relief to withdraw his plea. Abney v. State, 685 So.2d 1027 (Fla. 5th DCA 1997).

Dismissed.

PARKER, A.C.J., and LAZZARA and WHATLEY, JJ., Concur.

Summaries of

Miller v. State

District Court of Appeal of Florida, Second District
May 7, 1997
693 So. 2d 96 (Fla. Dist. Ct. App. 1997)
Case details for

Miller v. State

Case Details

Full title:LARRY B. MILLER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: May 7, 1997

Citations

693 So. 2d 96 (Fla. Dist. Ct. App. 1997)