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Davis v. State

District Court of Appeal of Florida, Second District
Apr 12, 1972
260 So. 2d 547 (Fla. Dist. Ct. App. 1972)

Opinion

No. 71-745.

April 12, 1972.

Appeal from the Criminal Court of Record for Pope County, Roy H. Amidon, J.

Walter R. Talley, Public Defender, and D. Turner Matthews, Asst. Public Defender, Bradenton, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


Appeal dismissed without prejudice to appellant's right to seek relief by habeas corpus pursuant to Baggett v. Wainwright, Fla. 1969, 229 So.2d 239. See also Powe v. State, Fla. 1968, 216 So.2d 446, and Pratt v. State, Fla.App.2d 1970, 232 So.2d 248.

Prior to seeking delayed appellate review, the appellant should consider that he was adjudicated pursuant to a plea of guilty. All he is now alleging is that he was denied appellate review. Of course, he has a right to appeal but this is a needless expense to the taxpayers if there is no error in the trial court proceeding. If there is any reason why the guilty plea should be set aside, the appellant should consider whether he wants to pursue a fruitless appeal or to file a petition under Rule 3.850, Fla.R.Cr.P., 33 F.S.A., if he alleges that the guilty plea was unlawfully received in the first instance. If the record in the trial court would reveal the propriety of the guilty plea, Davis' appeal would be frivolous.

PIERCE, C.J., and HOBSON and MANN, JJ., concur.


Summaries of

Davis v. State

District Court of Appeal of Florida, Second District
Apr 12, 1972
260 So. 2d 547 (Fla. Dist. Ct. App. 1972)
Case details for

Davis v. State

Case Details

Full title:EARL GEORGE DAVIS, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Apr 12, 1972

Citations

260 So. 2d 547 (Fla. Dist. Ct. App. 1972)

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