Smith v. State, 465 So. 2d 573

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 DCA 1982). 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.

Case Details

Case Name: Smith v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 13, 1985

Citations: 465 So. 2d 573; 10 Fla. L. Weekly 647; 1985 Fla. App. LEXIS 12912; No. 84-2005

Docket Number: No. 84-2005

Court Abbreviation: Fla. Dist. Ct. App.