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CAPO v. STATE

District Court of Appeal of Florida, Fifth District
Apr 22, 1981
397 So. 2d 410 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-787.

April 22, 1981.

Appeal from Circuit Court, St. Johns County; Richard O. Watson, Judge.

James B. Gibson, Public Defender, James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, and Thomas Mott, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.


Appellant was charged with uttering a forged instrument in violation of section 831.02, Florida Statutes (1977). He pled guilty pursuant to the terms of a plea bargain. His plea was accepted and he was sentenced to five years imprisonment.

Appellant has appealed the judgment and his sentence. Prior to the appeal, he did not file any post-conviction motions. We dismiss the appeal of the judgment pursuant to Robinson v. State, 373 So.2d 898 (Fla. 1979); Wallace v. State, 394 So.2d 225 (Fla. 5th DCA 1981); and Counts v. State, 376 So.2d 59 (Fla.2d DCA 1979). We affirm the sentence.

DISMISSED in part; AFFIRMED in part.

SHARP and COWART, JJ., concur.


Summaries of

CAPO v. STATE

District Court of Appeal of Florida, Fifth District
Apr 22, 1981
397 So. 2d 410 (Fla. Dist. Ct. App. 1981)
Case details for

CAPO v. STATE

Case Details

Full title:CHARLES MICHAEL CAPO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Apr 22, 1981

Citations

397 So. 2d 410 (Fla. Dist. Ct. App. 1981)