IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
KIMBERLY DAWN MOORE
v. Appeal No. CRC 04-00005 APANO
Opinion filed __________________.
Appeal from a judgment and sentence
entered by the Pinellas County Court
County Judge Amy Williams
Robbyn Howie, Esq.
Assistant Public Defender
C. Marie King, Esq.
Assistant State Attorney
THIS MATTER is before the Court on Kimberly Dawn Moore’s appeal from a judgment and sentence entered against her by the Pinellas County Court. After reviewing the briefs and record, this Court affirms the judgment and sentence.
The defendant entered a no contest plea to charges of obtaining property in return for a worthless check. She did not reserve any issues for appellate review. Her public defender filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), stating that there were no issues that warranted appellate relief. This Court permitted the appellant to file her own brief, and the appellant did file a brief in which she indicated that she believed her plea might not have been entirely voluntary.
As to the merits of the appeal, this Court has independently reviewed the record, and agrees with defense counsel that there are no grounds for appellate relief. This Court, however, also agrees with the State’s suggestion that, given the allegations raised in the appellant’s brief, she should be given an opportunity to file a legally sufficient motion in the trial court seeking to withdraw her plea.
IT IS THEREFORE ORDERED that the judgment and sentence are affirmed without prejudice to the appellant to file a legally sufficient motion in the trial court seeking to withdraw her plea.
AND ORDERED in Chambers at
Nancy Moate Ley
Timothy R. Peters
John A. Schaefer
cc: State Attorney
Kimberly Dawn Moore