Ovenshire v. State

Full title: LEVI EVAN OVENSHIRE, Appellant, v. STATE OF FLORIDA, Appellee.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jun 21, 2019

278 So. 3d 103 (Fla. Dist. Ct. App. 2019)

Opinion

Case No. 5D18-913

06-21-2019

Levi Evan OVENSHIRE, Appellant, v. STATE of Florida, Appellee.

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

James S. Purdy, Public Defender, and Edward J. Weiss, Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Levi Ovenshire appeals his sentence after entering a no contest plea for attempted second degree murder and fleeing and eluding. Because Ovenshire failed to file a motion to withdraw his plea, we are without jurisdiction. See Hicks v. State, 915 So. 2d 740, 741 (Fla. 5th DCA 2005) ; accord Murphy v. State, 181 So. 3d 574 (Fla. 5th DCA 2015) ; Campos-Carriera v. State, 106 So. 3d 483 (Fla. 5th DCA 2013) ; Vestal v. State, 50 So. 3d 733, 735 (Fla. 5th DCA 2010) ; Bailey v. State, 21 So. 3d 147, 150 (Fla. 5th DCA 2009). But see Dortch v. State, 242 So. 3d 431, 433 (Fla. 4th DCA), review granted, SC18-681, 2018 WL 3635017 (Fla. July 11, 2018). Consequently, we dismiss the appeal without prejudice to Ovenshire's right to seek appropriate and timely post-conviction relief below.

DISMISSED.

WALLIS, EDWARDS, and EISNAUGLE, JJ., concur.