County Criminal Court: APPELLATE PROCEDURE – Preservation of Error – Defendant pleaded no contest, but failed to preserve any issues for appellate review. Judgment and sentence affirmed, but without prejudice for defendant to file a proper motion to withdraw plea. Moore v. State, No. CRC 04-5 APANO, (Fla. 6th Cir.App.Ct. March 22, 2005).

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

KIMBERLY DAWN MOORE

 

            Appellant,

v.                                                                                                                                           Appeal No. CRC 04-00005 APANO

UCN522004AP000005XXXXCR

STATE OF FLORIDA

 

            Appellee.

_________________________/

 

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

ORDER AND OPINION

 

            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.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of March, 2005.

 

 

                                                                                    __________________________

                                                                                                Nancy Moate Ley

                                                                                                Circuit Judge

 

 

 

                                                                                    ____________________________

                                                                                                Timothy R. Peters

                                                                                                Circuit Judge

 

 

 

                                                                                    ____________________________

                                                                                                John A. Schaefer

                                                                                                Circuit Judge

 

cc:   State Attorney

 

        Public Defender

 

        Kimberly Dawn Moore

 

        Judge Williams