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779 So. 2d 291

D.P.J. v. State

District Court of Appeal of Florida

Decided December 2, 1998

District Court of Appeal of Florida · decided 1998-12-02

Cited by 2 later decisions — most recently May 2014

2 state decisions

Relies on J.S. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-02

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PER CURIAM.

¶1D.P.J. challenges the imposition of community control after he pleaded guilty to lewd assault. He argues that he should be allowed to withdraw his plea because the trial court failed to establish a factual basis for the plea. This issue has not been preserved and cannot be entertained on direct appeal because D.P.J. did not object at the plea hearing nor did he file a motion to withdraw his plea with the trial court.

¶2*292Accordingly, we dismiss this appeal without prejudice to allow D.P.J. to file a motion to withdraw his plea in the trial court. See J.S. v. State, 658 So.2d 638 (Fla. 2d DCA 1995).

PARKER, C.J., and CAMPBELL and QUINCE, JJ., concur.
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