DPJ, JR. v. State, 97-04718.
| Decision Date | 02 December 1998 |
| Docket Number | No. 97-04718.,97-04718. |
| Citation | 779 So.2d 291 |
| Parties | D.P.J., Jr., a child, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Valentine of Robert L. Valentine, P.A., Lakeland, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.
D.P.J. challenges the imposition of community control after he pleaded guilty to lewd assault. He argues that he should be allowed to withdraw his plea because the trial court failed to establish a factual basis for the plea. This issue has not been preserved and cannot be entertained on direct appeal because D.P.J. did not object at the plea hearing nor did he file a motion to withdraw his plea with the trial court. Accordingly, we dismiss this appeal without prejudice to allow D.P.J. to file a motion to withdraw his plea in the trial court. See J.S. v. State, 658 So.2d 638 (Fla. 2d DCA 1995).
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Hawkins v. State
...upon the sufficiency of the evidence on appeal when he did not object or seek to withdraw his pleas on that basis. See D.P.J. v. State, 779 So.2d 291 (Fla. 2d DCA 1998); see also Brawley v. State, 815 So.2d 789 (Fla. 4th DCA 2002). Accordingly, we find no reversible error on Mr. Hawkins' fi......
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Binder v. State, 5D02-4027.
...to withdraw his plea, he may not attack this conviction here. See Brawley v. State, 815 So.2d 789 (Fla. 4th DCA 2002); D.P.J. v. State, 779 So.2d 291 (Fla. 2d DCA 1998); Nettles v. State, 673 So.2d 547 (Fla. 4th DCA 1996); Fla. R.App. P. 9.140(b)(2); § 924.051(4), Fla. Stat. AFFIRMED. ORFIN......