Opinion
Nos. AQ-279, AQ-301.
October 13, 1983.
Appeal from Circuit Court, Clay County; Lamar Winegeart, Jr., Judge.
Charlene V. Edwards, Asst. Public Defender, Tallahassee, for appellant.
Richard A. Patterson, Asst. Atty. Gen., Tallahassee, for appellee.
This appeal is dismissed because Fla.R.App.P. 9.140(b)(1) prohibits a direct appeal from a judgment and sentence based on a guilty plea and because there is no indication in the record that appellant moved to withdraw his guilty pleas in the lower court. Robinson v. State, 373 So.2d 898 (Fla. 1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal is without prejudice to appellant's right to seek post-conviction relief pursuant to Fla.R. Crim.P. 3.850, if such presentation in the lower court has not been barred by some other limitation.
ERVIN, C.J., and NIMMONS, J., concur.