Foskey v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT BOBBY FOSKEY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) Case No. 2D04-897 Opinion filed December 22, 2004. Appeal from the Circuit Court for Highlands County; J. David Langford, Judge. James Marion Moorman, Public Defender, and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant. Bobby Foskey, pro se. Charles J. Crist, Jr., Attorney General, Tallahassee, and Deena DeGenova, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. In this Anders1 appeal, Foskey pleaded no contest to the charged offenses, expressly reserving his right to appeal a prior dispositive order. See Fla. 1 Anders v. California, 386 U.S. 738 (1967); In re Appellate Court Response to Anders Briefs, 581 So. 2d 149 (Fla. 1991). R. App. P. 9.140(b)(2)(A)(i). We affirm without comment. Foskey, pro se, requests this court to allow him to withdraw his plea. Such a request must be directed to the trial court by way of a motion filed pursuant to Florida Rule of Criminal Procedure 3.850. This court is without authority to review the issues he raises. See Fla. R. App. P. 9.140(b)(2)(A)(ii)(c). Affirmed. STRINGER, SILBERMAN, and WALLACE, JJ., Concur. -2-

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