From Casetext: Smarter Legal Research

Wallace v. State

District Court of Appeal of Florida, Fifth District
Feb 25, 1981
394 So. 2d 225 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-632.

February 25, 1981.

Appeal from Circuit Court, Volusia County; Uriel Blount, Jr., Judge.

James B. Gibson, Public Defender, and Mary Sue Donsky, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.


Appellant was charged with burglary of a structure in violation of section 810.02, Florida Statutes (1979). He pled guilty pursuant to the terms of a plea bargain. His plea was accepted and he was sentenced to four 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), and Counts v. State, 376 So.2d 59 (Fla.2d DCA 1979). We affirm the sentence.

DISMISSED in part; AFFIRMED in part.

DAUKSCH, C.J., and COWART, J., concur.


Summaries of

Wallace v. State

District Court of Appeal of Florida, Fifth District
Feb 25, 1981
394 So. 2d 225 (Fla. Dist. Ct. App. 1981)
Case details for

Wallace v. State

Case Details

Full title:ROBERT STEPHEN WALLACE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 25, 1981

Citations

394 So. 2d 225 (Fla. Dist. Ct. App. 1981)

Citing Cases

Griffin v. State

A defendant should file a post-trial motion with the trial court seeking to withdraw a plea prior to…

CAPO v. STATE

Prior to the appeal, he did not file any post-conviction motions. We dismiss the appeal of the judgment…