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Massey v. State, AI-366

Document Cited authorities 4 Cited in 7 Precedent Map Related
Decision Date13 August 1982
Docket NumberNo. AI-366,AI-366
Citation417 So.2d 1162
PartiesMichael Maurice MASSEY, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Page 1162

417 So.2d 1162

Michael Maurice MASSEY, Appellant, v. STATE of Florida, Appellee.

No. AI-366.

District Court of Appeal of Florida, First District.

Aug. 13, 1982.

Michael Allen, Public Defender, Nancy A. Daniels, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This appeal is dismissed because no direct appeal lies from a judgment and sentence based on a guilty plea, Rule 9.140(b), Fla.R.App.P., and because appellant failed to make a prior motion to withdraw his guilty plea in the court below. Robinson v. State, 373 So.2d 898 (Fla.1979). This dismissal is, however, without prejudice to appellant's filing an appropriate motion for post-conviction relief, pursuant to Rule 3.850, Fla.R.Crim.P. See, Graff v. State, 389 So.2d 333 (Fla. 5th DCA 1980); Counts v. State, 376 So.2d 59 (Fla. 2nd DCA 1979); Honeycutt v. State, 359 So.2d 503 (Fla. 2nd DCA 1978).

DISMISSED.

ROBERT P. SMITH, Jr., C. J., and LARRY G. SMITH and WENTWORTH, JJ., concur.

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5 cases
  • Trowell v. State
    • United States
    • Florida District Court of Appeals
    • January 20, 1998
    ...without first having filed a motion to withdraw the plea. E.g., Smith v. State, 465 So.2d 573 (Fla. 4th DCA 1985); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). However, a defendant may file a motion for collateral relief pursuant to Fla. R.Crim. P. 3.850 that raises the issue of the......
  • Hughes v. State
    • United States
    • Florida District Court of Appeals
    • July 10, 1990
    ...withdraw, id., thus effectively removing that issue as one which can be raised on appeal from judgment and sentence. Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). Although Robinson dealt with an appeal from a judgment and sentence based on a plea of guilty, its holding has been appli......
  • Randall v. State
    • United States
    • Florida District Court of Appeals
    • October 13, 1983
    ...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......
  • Smith v. State, 84-2005
    • United States
    • Florida District Court of Appeals
    • March 13, 1985
    ...to make a prior motion to withdraw his guilty plea in the court below. Robinson v. State, 373 So.2d 898 (Fla.1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal, however, is without prejudice to appellant's right to seek appropriate post-conviction relief pursuant to ......
    • Request a trial to view additional results

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