TERENCE DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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STONE, Judge.
We dismiss this appeal without prejudice to Appellant’s moving to withdraw his plea or otherwise seeking relief pursuant to rule 3.850, Florida Rules of Criminal Procedure.
Without first seeking to withdraw his plea, Appellant argues that reversal and remand is required because the written record reflects that during the change in plea colloquy Appellant answered “yes” in response to a question by the court as to whether he was under the influence of alcohol or drugs. There was no follow-up inquiry by the court. There is no other indication in the record that Appellant was under the influence at that time. Patently, a motion to withdraw the plea and a trial court record on that motion is required before this court can review the issue of voluntariness. E.g., Robinson v. State, 373 So. 2d 898 (Fla.1979); Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994); Washington v. State, 582 So. 2d 798 (Fla. 1st DCA 1991); Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990); McGinty v. State, 463 So. 2d 495 (Fla. 2d DCA 1985); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979).
HERSEY and KLEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Thompson v. State, 708 So. 2d 289 (Fla. 4th DCA 1998)…(Fla. 4th DGA 199(f)(“For this court to have appellate jurisdiction, appellant had to move to withdraw [his] plea so the trial court had the opportunity to rule on his allegation that the ... plea was involuntary.”)(emphasis added); Davis v. State, 652 So. 2d 503 (Fla. 4th DCA 1995)(dismissing appeal for failure to file a motion to withdraw the' plea in the trial court); accord Keith v. State, 582 So. 2d 1200 [*292] (Fla. 1st DCA 1991);1 Duhart v. State, 548 So. 2d 302 (Fla. 5th DCA 1989). Where appellate re…
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SUH v. State, 661 So. 2d 1310 (Fla. 4th DCA 1995)…PER CURIAM. We dismiss the appeal without prejudice to appellant’s moving the trial court to withdraw his plea, or seeking relief pursuant to Florida Rule of Criminal Procedure 3.850. See Davis v. State, [*1311] 652 So. 2d 503 (Fla. 4th DCA 1995). GLICKSTEIN, WARNER and SHAHOOD, JJ., concur.…
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Maldonado v. State, 702 So. 2d 644 (Fla. 4th DCA 1997)…[*645] PER CURIAM. Dismissed. See Davis v. State, 652 So. 2d 503 (Fla. 4th DCA 1995). POLEN, STEVENSON and GROSS, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979)
- Isley v. State, 565 So. 2d 389 (Fla. 5th DCA 1990)
- McGINTY v. State, 463 So. 2d 495 (Fla. 2d DCA 1985)
- Schott v. State, 641 So. 2d 465 (Fla. 4th DCA 1994)
- Washington v. State, 582 So. 2d 798 (Fla. 1st DCA 1991)