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545 So. 2d 444

545 So.2d 444

14 Fla.L.Weekly 1491

Perez v. State

District Court of Appeal of Florida · decided 1989-06-20

Relies on 444 So. 2d 407 - Marty v. State · 433 So. 2d 1323 - Capers v. State

Decided 1989-06-20

PER CURIAM.

¶1Daniel Perez, after pleading guilty, appeals from a sentence of seven years entered on a conviction for dealing in stolen property. He claims that he should be allowed to withdraw the guilty plea which was entered in exchange for a promise by his attorney that he would be sentenced to the guideline’s two and one-half years of imprisonment.

¶2On the sparse record in this case no reversible error is demonstrated. There is no testimony regarding the plea discussions nor a sentence scoresheet showing prior convictions or any other basis for the sentence. Relief must be sought by motions for post-trial relief pursuant to Florida Rules of Criminal Procedure 3.800 and 3.850. See Capers v. State, 433 So.2d 1323 (Fla. 3d DCA 1983) (a defendant must raise by post-trial motions the question of whether absence from the courtroom during a critical phase of the trial was voluntary where the issue was not presented to the trial court), rev. denied, 444 So.2d 416 (Fla.1984).

¶3Affirmed without prejudice to seek post-trial relief.

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