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465 So. 2d 573

465 So.2d 573

10 Fla.L.Weekly 647

Smith v. State

District Court of Appeal of Florida · decided 1985-03-13

Relies on Gissendanner v. State · 417 So. 2d 1162 - Massey v. State

Decided 1985-03-13

PER CURIAM.

¶1This appeal is dismissed inasmuch as no direct appeal lies from a judgment and sentence based on a guilty plea, Rule 9.140(b), Fla.R.App.P., and because appellant failed to make a prior motion to withdraw his guilty plea in the court below. Robinson v. State, 373 So.2d 898 (Fla.1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal, however, is without prejudice to appellant’s right to seek appropriate post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P.

¶2DISMISSED.

GLICKSTEIN, HURLEY and DELL, JJ., concur.
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