Byrd v. State, 419 So. 2d 725

James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Chief Judge.

In an Anders¹ brief, the appellant asks us to determine if the trial court erred in accepting a plea of guilty to a charge of battery on a law enforcement officer.

The appeal is dismissed because no appeal lies from a plea of guilty except in very limited circumstances. Fla.R.App.P. 9.140(b), Robinson v. State, 373 So.2d 898 (Fla. 1979). Any question of the voluntary and intelligent character of the plea should first be presented to the trial court in a motion to withdraw the plea. Graff v. State, 389 So.2d 333 (Fla. 5th DCA 1980); Fick v. State, 388 So.2d 1352 (Fla. 5th DCA 1980); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979).

The appeal is dismissed without prejudice to the right of appellant to seek collateral relief in the trial court. The motion of the public defender to withdraw is granted.

Appeal DISMISSED.

DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.

NOTES

Notes

Notes

1

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

Case Details

Case Name: Byrd v. State

Court Name: District Court of Appeal of Florida

Date Published: Sep 15, 1982

Citations: 419 So. 2d 725; 81-1123

Docket Number: 81-1123

Court Abbreviation: Fla. Dist. Ct. App.