Opinion
No. 88-164.
June 20, 1989.
An Appeal from the Circuit Court for Monroe County; Richard J. Fowler, Judge.
Anthony M. Genova, for appellant.
Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.
Before HUBBART, FERGUSON and COPE, JJ.
Daniel 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.
On 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).
Affirmed without prejudice to seek post-trial relief.