Legal Opinion

McIntyre v. State

District Court of Appeal of Florida

Decided March 15, 1983No. 82-162PublishedCited by 2 opinions

1Per curiam

The defendant challenges the trial court’s retention of jurisdiction over the first one-third of the sentences imposed after he pled guilty to charges of kidnapping and aggravated battery. Section 947.16, Florida Statutes (1981). Since the record shows that McIntyre neither objected to this aspect of the sentence nor sought to withdraw the plea on that ground below, the point— which essentially concerns the voluntariness and knowledgeability of the plea, Viars v. State, 415 So.2d 75 (Fla. 1st DCA 1982)— may not be raised on this direct appeal. Robinson v. State, 373 So.2d 898 (Fla.1979);…

2Cases cited4 opinions

  1. Griffin v. StateDistrict Court of Appeal of Florida · 1981
  2. Medina v. StateDistrict Court of Appeal of Florida · 1982
  3. Viars v. StateDistrict Court of Appeal of Florida · 1982
  4. Ratushinak v. StateDistrict Court of Appeal of Florida · 1983

3Cited by2 opinions

  1. Everett v. StateDistrict Court of Appeal of Florida · 1983
  2. Benton v. StateDistrict Court of Appeal of Florida · 1983

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