Robinson v. State

Randolph ROBINSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 23, 1995.

District Court of Appeal of Florida · decided 1995-08-23

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

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-23

How this case has been cited

Cited by 5 later decisions — most recently May 2015

5 state decisions

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.

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¶1Bjorn E. Brunvand, Clearwater, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Dale E. Tarpley, Sr. Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4The appellant claims that the trial court should have allowed him to withdraw his guilty plea. He also raises other issues.

¶5Any alleged infirmity concerning the intelligent or voluntary nature of a plea must first be raised in the trial court by a motion to withdraw the plea or a motion for post-conviction relief. Since the appellant has not made a prior motion to withdraw his plea, the issue of whether his plea was voluntary cannot be entertained on appeal. Robinson v. State, 373 So.2d 898 (Fla. 1979); Counts v. State, 376 So.2d 59 (Fla. 2d DCA 1979).

¶6Accordingly, we dismiss this appeal without prejudice so that the appellant may file the appropriate motion in the trial court.

¶7Appeal dismissed.

¶8THREADGILL, C.J., and DANAHY and BLUE, JJ., concur.