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260 So. 2d 547

Davis v. State

District Court of Appeal of Florida · decided 1972-04-12

Cited by 1 later decisions — most recently April 1973

1 state decisions

Key passage — most relied on by later courts

“Appeal dismissed without prejudice to appellant's right to seek relief by habeas corpus pursuant to Baggett v. Wainwright, Fla. 1969, 229 So.2d 239 .”

quoted by 1 later decision, including 277 So. 2d 300 - Davis v. State

“If the record in the trial court would reveal the propriety of the guilty plea, Davis' appeal would be frivolous.”

quoted by 1 later decision, including 277 So. 2d 300 - Davis v. State

Relies on 229 So. 2d 239 - Baggett v. Wainwright · 216 So. 2d 446 - Powe v. State · 232 So. 2d 248 - Pratt v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-04-12

View the full empirical analysis of this case →

PER CURIAM.

¶1Appeal dismissed without prejudice to appellant’s right to seek relief by habeas corpus pursuant to Baggett v. Wainwright, Fla.1969, 229 So.2d 239. See also Powe v. State, Fla.1968, 216 So.2d 446, and Pratt v. State, Fla.App.2d 1970, 232 So.2d 248.

¶2Prior to seeking delayed appellate review, the appellant should consider that he was adjudicated pursuant to a plea of guilty. All he is now alleging is that he was denied appellate review. Of course, he has a right to appeal but this is a needless expense to the taxpayers if there is no error in the trial court proceeding. If there is any reason why the guilty plea should be set aside, the appellant should consider whether ' he. wants to pursue a fruitless appeal or to file a petition under Rule 3.850, Fla.R.Cr.P., 33 F.S.A., if he alleges that the guilty plea was unlawfully *548received in the first instance. If the record in the trial court would reveal the propriety of the guilty plea, Davis’ appeal would be frivolous.

PIERCE, C. J., and HOBSON and MANN, JJ., concur.
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