RICHARD TUMMINIA
v.
STATE OF FLORIDA

Fla. 4th DCA | 2020-03-25
No. 19-1995
McCarthy, J., Warner, J., Klingensmith, J., Kuntz, J.
Florida District Court of Appeal, Fourth District (2020)

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Holding

A Rule 3.801 motion may be denied without prejudice to allow the defendant to pursue post-conviction relief under Rule 3.850 to challenge the voluntariness of a plea agreement.


Headnotes

[1] A trial court's denial of a Rule 3.801 motion may be affirmed without prejudice to allow a defendant to pursue post-conviction relief under Florida Rule of Criminal Proce…

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Facts & Procedural History

Richard Tumminia appealed an order denying his Rule 3.801 motion in a criminal case from Broward County.…

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Opinion of the Court
Kuntz

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

RICHARD TUMMINIA, Appellant,

v.

STATE OF FLORIDA, Appellee.

No. 4D19-1995

[March 25, 2020]

Appeal of order denying rule 3.801 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barbara McCarthy, Judge; L.T. Case No. 062006CF018623B88810.

Richard Tumminia, Raiford, pro se.

Ashley Moody, Attorney General, Tallahassee, and Jonathan P. Picard, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed without prejudice to filing a timely motion for post-conviction relief pursuant to Florida Rule of Criminal Procedure 3.850 challenging the voluntariness of appellant’s plea agreement. See Barnette v. State, 205 So. 3d 865, 865 (Fla. 4th DCA 2016).

Affirmed.

WARNER, KLINGENSMITH and KUNTZ, JJ., concur.

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