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Randall v. State

District Court of Appeal of Florida, First District
Oct 13, 1983
438 So. 2d 1029 (Fla. Dist. Ct. App. 1983)

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.


Summaries of

Randall v. State

District Court of Appeal of Florida, First District
Oct 13, 1983
438 So. 2d 1029 (Fla. Dist. Ct. App. 1983)
Case details for

Randall v. State

Case Details

Full title:CARL COLEMAN RANDALL A/K/A CHARLES FRANKLIN RANDELL, APPELLANT, v. STATE…

Court:District Court of Appeal of Florida, First District

Date published: Oct 13, 1983

Citations

438 So. 2d 1029 (Fla. Dist. Ct. App. 1983)