Legal Opinion

Miller v. State

District Court of Appeal of Florida

Decided May 7, 1997No. 95-05061Published

1Per curiam

In this appeal, Larry B. Miller challenges the validity of his plea of nolo contendere to violation of section 847.0133, Florida Statutes (1993). We dismiss this appeal for lack of jurisdiction.

This court lacks jurisdiction to reach the merits because Miller neither moved to withdraw his plea at the hearing, nor sought postconviction relief to withdraw his plea. Abney v. State, 685 So.2d 1027 (Fla. 5th DCA 1997).

Dismissed.

PARKER, A.C.J., and LAZZARA and WHATLEY, JJ., concur.

2Cases cited1 opinion

  1. Abney v. StateDistrict Court of Appeal of Florida · 1997