Loadholt v. State, 96-1313

Decision Date13 November 1996
Docket NumberNo. 96-1313,96-1313
Citation683 So.2d 596
Parties21 Fla. L. Weekly D2421 Darlene LOADHOLT, Appellant, v. The STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

An Appeal under Fla. R.App. P. 9.140(g) from the Circuit Court for Dade County, Michael A. Genden, Judge.

Darlene Loadholt, in pro. per.

Robert A. Butterworth, Attorney General, for appellee.

Before BARKDULL, LEVY and GREEN, JJ.

PER CURIAM.

The appellant herein appeals the trial court's order denying her motion for post conviction relief, filed pursuant to Rule 3.850 of the Florida Rules of Criminal Procedure, which was denied without an evidentiary hearing. The motion claimed ineffective assistance of counsel based on counsel's failure to file an appeal. In view of the fact that the appellant was convicted and sentenced as a result of the entry of a plea of guilty and, furthermore, the appellant's motion failed to allege, or even suggest, any of the limited exceptions necessary for an appeal from a guilty plea, as set forth in Robinson v. State, 373 So.2d 898 (Fla.1979), the trial court was eminently correct in denying appellant's motion.

Affirmed.

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10 cases
  • Trowell v. State
    • United States
    • Florida District Court of Appeals
    • 20 de janeiro de 1998
    ...See, e.g., Thomas v. State, 626 So.2d 1093 (Fla. 1st DCA 1993); Gonzalez v. State, 685 So.2d 975 (Fla. 3d DCA 1997); Loadholt v. State, 683 So.2d 596 (Fla. 3d DCA 1996); Zduniak v. State, 620 So.2d 1083 (Fla. 2d DCA Bridges and its progeny are based primarily on Robinson v. State, 373 So.2d......
  • State v. Trowell
    • United States
    • Florida Supreme Court
    • 27 de maio de 1999
    ...decisions in Bridges v. Dugger, 518 So.2d 298 (Fla. 2d DCA 1987), Gonzalez v. State, 685 So.2d 975 (Fla. 3d DCA 1997), Loadholt v. State, 683 So.2d 596 (Fla. 3d DCA 1996), and Zduniak v. State, 620 So.2d 1083 (Fla. 2d DCA 1993). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For t......
  • Walker v. State, 99-948.
    • United States
    • Florida District Court of Appeals
    • 4 de agosto de 1999
    ...explicitly disapproved this court's earlier decisions in Gonzalez v. State, 685 So.2d 975 (Fla. 3d DCA 1997), and Loadholt v. State, 683 So.2d 596 (Fla. 3d DCA 1996). The Trowell decision has also necessarily disapproved this court's decisions, to the extent they disallow belated appeals, i......
  • Gonzalez v. Singletary, 98-444
    • United States
    • Florida District Court of Appeals
    • 1 de julho de 1998
    ...take an appeal. We deny the belated appeal on authority of Gonzalez v. State, 685 So.2d 975 (Fla. 3d DCA 1997), and Loadholt v. State, 683 So.2d 596 (Fla. 3d DCA 1996). "[A] careful review of the record reveals that the defendant pled guilty, that at the plea colloquy, the defendant express......
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