Public-domain · open source
OpenJurist

389 So. 2d 333

Docket No. 80-238.

Graff v. State

Carole Jane GRAFF, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 22, 1980.

District Court of Appeal of Florida · decided 1980-10-22

Cited by 4 later decisions — most recently September 1988

4 state decisions

Relies on Gissendanner v. State · 376 So. 2d 59 - Counts v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-22

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Ronald K. Zimmet, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

¶2No appearance for appellee.

¶3ORFINGER, Judge.

¶4This is an appeal from a judgment and sentence based on a plea of guilty to a charge of violation of probation.

¶5Appellant contends that her plea was induced by a promise that the court would let her withdraw the plea in the event he determined to sentence her to a term of imprisonment rather than continue her probation. She now requests that we relinquish jurisdiction to the trial court for the purpose of allowing her to file a motion to withdraw her plea.

¶6The appeal is dismissed because no appeal lies from a judgment of conviction based on a plea of guilty. Rule 9.140(b), Fla.R. App.P. However, the dismissal is without prejudice to the right of appellant to question the voluntariness of her plea in the trial court or to apply for appropriate collateral relief. Robinson v. State,373 So.2d 898 (Fla. 1979); Counts v. State,376 So.2d 59 (Fla. 2d DCA 1979).

¶7APPEAL DISMISSED.

¶8DAUKSCH, C.J., and COBB, J., concur.

/389/so2d/333 · .json · Public domain