Loadholt v. State, No. 96-1313

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation683 So.2d 596
Parties21 Fla. L. Weekly D2421 Darlene LOADHOLT, Appellant, v. The STATE of Florida, Appellee.
Decision Date13 November 1996
Docket NumberNo. 96-1313

Page 596

683 So.2d 596
21 Fla. L. Weekly D2421
Darlene LOADHOLT, Appellant,
v.
The STATE of Florida, Appellee.
No. 96-1313.
District Court of Appeal of Florida,
Third District.
Nov. 13, 1996.
Rehearing Denied Dec. 26, 1996.

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,

Page 597

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 practice notes
  • Trowell v. State, No. 95-3082
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 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, No. 92,393.
    • United States
    • United States State Supreme Court of Florida
    • May 27, 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, No. 99-948.
    • United States
    • Court of Appeal of Florida (US)
    • August 4, 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, No. 98-444
    • United States
    • Court of Appeal of Florida (US)
    • July 1, 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......
  • Request a trial to view additional results
10 cases
  • Trowell v. State, No. 95-3082
    • United States
    • Court of Appeal of Florida (US)
    • January 20, 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, No. 92,393.
    • United States
    • United States State Supreme Court of Florida
    • May 27, 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, No. 99-948.
    • United States
    • Court of Appeal of Florida (US)
    • August 4, 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, No. 98-444
    • United States
    • Court of Appeal of Florida (US)
    • July 1, 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......
  • Request a trial to view additional results

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