Smith v. State, 84-2005

• Decision Date: 13 March 1985
• Docket Number: No. 84-2005,84-2005
• Citation: 10 Fla. L. Weekly 647,465 So.2d 573
• Parties: 10 Fla. L. Weekly 647 James L. SMITH, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 573

465 So.2d 573

10 Fla. L. Weekly 647

James L. SMITH, Appellant, v.STATE of Florida, Appellee.

No. 84-2005.

District Court of Appeal of Florida, Fourth District.

March 13, 1985.

Richard L. Jorandby, Public Defender and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

No brief filed by appellee.

PER CURIAM.

This appeal is dismissed inasmuch as 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);Massey v. State, 417 So.2d 1162(Fla. 1st DCA1982).This dismissal, however, is without prejudice to appellant's right to seek appropriate post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P.

DISMISSED.

GLICKSTEIN, HURLEY and DELL, JJ., concur.