descrybe logo
You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Randall v. State

Citations: 438 So. 2d 1029; 1983 Fla. App. LEXIS 22483Docket: Nos. AQ-279, AQ-301

Court: District Court of Appeal of Florida; October 13, 1983; Florida; State Appellate Court

Narrative Opinion Summary

The appeal is dismissed due to the prohibition in Fla.R. App. P. 9.140(b)(1) against direct appeals stemming from judgments and sentences based on guilty pleas. There is no evidence in the record that the appellant sought to withdraw his guilty pleas in the lower court, referencing Robinson v. State, 373 So.2d 898 (Fla. 1979) and Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). The dismissal is without prejudice, allowing the appellant to pursue post-conviction relief under Fla.R. Crim. P. 3.850, provided such relief is not precluded by other limitations. E.R.V.I.N., C.J. and N.I.M.M.O.N.S., J. concur.

Legal Issues Addressed

Post-Conviction Relief under Florida Rule of Criminal Procedure 3.850

Application: The dismissal of the appeal is without prejudice, permitting the appellant to seek post-conviction relief under Rule 3.850, assuming no other limitations apply.

Reasoning: The dismissal is without prejudice, allowing the appellant to pursue post-conviction relief under Fla.R. Crim. P. 3.850, provided such relief is not precluded by other limitations.

Prohibition of Direct Appeals from Guilty Pleas

Application: The court dismisses the appeal because Florida Rule of Appellate Procedure 9.140(b)(1) prohibits direct appeals from judgments and sentences based on guilty pleas unless specific conditions are met.

Reasoning: The appeal is dismissed due to the prohibition in Fla.R. App. P. 9.140(b)(1) against direct appeals stemming from judgments and sentences based on guilty pleas.

Requirement to Withdraw Guilty Plea for Appeal

Application: The appellant failed to provide evidence of an attempt to withdraw his guilty plea in the lower court, which is necessary for an appeal according to precedent cases.

Reasoning: There is no evidence in the record that the appellant sought to withdraw his guilty pleas in the lower court, referencing Robinson v. State, 373 So.2d 898 (Fla. 1979) and Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982).