From Casetext: Smarter Legal Research

Melton v. State

District Court of Appeal of Florida, First District
Sep 20, 1996
678 So. 2d 434 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-3770.

August 7, 1996. Rehearing Denied September 20, 1996.

Appeal from the Circuit Court, Leon County, J. Lewis Hall, J.

Nancy A. Daniels, Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellee.


The appellant did not move to withdraw her plea in the trial court, and the asserted issue regarding the voluntary and intelligent character of the plea is thus not now cognizable on direct appeal. Washington v. State, 582 So.2d 798 (Fla. 1st DCA 1991); Murray v. State, 566 So.2d 30 (Fla. 1st DCA 1990). The remaining issue, regarding the trial court's decision to impose sentence within the applicable sentencing guidelines range, is likewise not a proper basis for appeal. See § 924.06, Fla. Stat. This appeal is therefore dismissed.

MINER, ALLEN and WEBSTER, JJ., concur.


Summaries of

Melton v. State

District Court of Appeal of Florida, First District
Sep 20, 1996
678 So. 2d 434 (Fla. Dist. Ct. App. 1996)
Case details for

Melton v. State

Case Details

Full title:CONNIE MELTON, APPELLANT v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Sep 20, 1996

Citations

678 So. 2d 434 (Fla. Dist. Ct. App. 1996)

Citing Cases

Ritter v. State

The state argues that appellate counsel can nonetheless not be faulted for failing to pursue this issue…

Reeder v. State

PER CURIAM AFFIRMED. Simmons v. State, 10 So.2d 436, 438 (Fla. 1942) and Melton v. State, 678 So.2d 434, 435…