802 So. 2d 475

Damion WHITTEN, Appellant, v. STATE of Florida, Appellee.

No. 2D00-5384.

District Court of Appeal of Florida, Second District.

Dec. 21, 2001.

James Marion Moorman, Public Defender, and Frederick W. Vollrath, Special Assistant Public Defender, Bartow, for Appellant.

Damion Whitten, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnés, Assistant Attorney General, Tampa, for Ap-pellee.

SCHEB, JOHN M„ Senior Judge.

We affirm Damion Whitten’s judgment and sentences in these consolidated cases without prejudice to any right Whitten may have to file a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. Pertaining to circuit court case numbers 99-3865F and 00-659F, we note that a defendant may not challenge the voluntariness of a guilty or nolo contendere plea on direct appeal unless the issue • has been preserved by a motion to withdraw the plea filed in the trial court. See State v. Thompson, 735 So.2d 482 (Fla.1999).

Affirmed.

STRINGER, A.C.J., and DAVIS, J., Concur.

Whitten v. State
802 So. 2d 475

Case Details

Name
Whitten v. State
Decision Date
Dec 21, 2001
Citations

802 So. 2d 475

Jurisdiction
Florida

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