J.S. v. State, 94-01708

Citation658 So.2d 638
Decision Date26 July 1995
Docket NumberNo. 94-01708,94-01708
Parties20 Fla. L. Weekly D1723 J.S., a child, Appellant, v. STATE of Florida, Appellee.
CourtCourt of Appeal of Florida (US)

Gary M. Fernald, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Dale E. Tarpley, Senior Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Appellant appeals his judgment and sentence for grand theft following his plea of nolo contendere.

Appellant was charged with armed robbery of a residence (Count I), grand theft of an automobile (Count II), and grand theft of jewelry, a purse and currency worth more than $300 (Count III). Appellant pled guilty to Counts I and II, but contested the value of the property taken in Count III. After inquiry by appellant's counsel, the trial court asked appellant if he would enter a plea of no contest to Count III on the basis that it was in his best interest to do so, and reserving the right to "question that further." Appellant agreed, pled nolo to Count III and was adjudicated delinquent.

Any alleged infirmity concerning the intelligent or voluntary nature of a plea must first be raised in the trial court by a motion to withdraw the plea or a motion for post conviction relief. Robinson v. State, 373 So.2d 898 (Fla.1979); Thomas v. State, 442 So.2d 296 (Fla. 2d DCA 1983); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979). Since appellant has not made a prior motion to withdraw his plea, the issue of whether his plea was voluntary cannot be entertained on appeal.

Accordingly, we dismiss this appeal without prejudice so that appellant may file the appropriate motion in the trial court.

CAMPBELL, A.C.J., and BLUE and LAZZARA, JJ., concur.

To continue reading

Request your trial
2 cases
  • State v. TG
    • United States
    • Florida Supreme Court
    • October 25, 2001
    ...1999), which expressly and directly conflicts with the decisions in J.M.B. v. State, 750 So.2d 654 (Fla. 2d DCA 1999), J.S. v. State, 658 So.2d 638 (Fla. 2d DCA 1995), and J.L. v. State, 650 So.2d 219 (Fla. 3d DCA 1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. For the reasons e......
  • DPJ, JR. v. State, 97-04718.
    • United States
    • Florida District Court of Appeals
    • December 2, 1998
    ...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). PARKER, C.J., and CAMPBELL and QUINCE, JJ., ...

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT