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Washington v. State

District Court of Appeal of Florida, First District
Jul 18, 1991
582 So. 2d 798 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1562.

July 18, 1991.

Appeal from the Circuit Court, Leon County, F.E. Steinmeyer, III, J.

Cheryl L. Gentry, Tallahassee, for appellant.

No appearance for appellee.


Calvin Washington has appealed from conviction and sentence following his plea of nolo contendere to one count of capital sexual battery. The only issue raised on appeal is the possible involuntariness of Washington's plea. Any alleged infirmity concerning the intelligent or voluntary nature of a plea must first be raised in the trial court. Thomas v. State, 442 So.2d 296, 297 (Fla. 2d DCA 1983). Because Washington has not done so, the issue is not cognizable on direct appeal. See, e.g., Murray v. State, 566 So.2d 30 (Fla. 1st DCA 1990); Parker v. State, 576 So.2d 943 (Fla. 1st DCA 1991). Therefore, this appeal is dismissed, without prejudice to filing in the trial court either a motion to withdraw the plea or a motion under Florida Rule of Criminal Procedure 3.850 to vacate his sentence.

JOANOS, C.J., and WIGGINTON and NIMMONS, JJ., concur.


Summaries of

Washington v. State

District Court of Appeal of Florida, First District
Jul 18, 1991
582 So. 2d 798 (Fla. Dist. Ct. App. 1991)
Case details for

Washington v. State

Case Details

Full title:CALVIN WASHINGTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 18, 1991

Citations

582 So. 2d 798 (Fla. Dist. Ct. App. 1991)

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