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419 So. 2d 725

Docket No. 81-1123.

Byrd v. State

Estella BYRD, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 15, 1982.

District Court of Appeal of Florida · decided 1982-09-15

Key passage — most relied on by later courts

“... [W]e find that an appeal from a guilty plea should never be a substitute for a motion to withdraw a plea. If the record raises issues concerning the voluntary or intelligent character of the plea, that issue should first be presented to the trial court in accordance with the law and standards pertaining to a motion to withdraw a plea.”

quoted by 1 later decision, including 565 So. 2d 389 - Isley v. State

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

Good law ✅— No negative treatment on recordhow we know

Decided 1982-09-15

How this case has been cited

Cited by 32 later decisions — most recently June 2009 · most notably 565 So. 2d 389 - Isley v. State (1990), Gamble v. State (1984)

30 state decisions

170198219902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3ORFINGER, Chief Judge.

¶4In an Anders[1] brief, the appellant asks us to determine if the trial court erred in accepting a plea of guilty to a charge of battery on a law enforcement officer.

¶5The appeal is dismissed because no appeal lies from a plea of guilty except in very limited circumstances. Fla.R.App.P. 9.140(b), Robinson v. State,373 So.2d 898 (Fla. 1979). Any question of the voluntary and intelligent character of the plea should first be presented to the trial court in a motion to withdraw the plea. Graff v. State,389 So.2d 333 (Fla. 5th DCA 1980); Fick v. State,388 So.2d 1352 (Fla. 5th DCA 1980); Counts v. State,376 So.2d 59 (Fla. 2d DCA 1979).

¶6The appeal is dismissed without prejudice to the right of appellant to seek collateral relief in the trial court. The motion of the public defender to withdraw is granted.

¶7Appeal DISMISSED.

¶8DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.

NOTES

¶9[1] Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

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