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JAMES L. SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

This appeal is dismissed inasmuch as no direct appeal lies from a judgment and sentence based on a guilty plea, Rule 9.140(b), Fla.R.App.P., and because appellant failed to make a prior motion to withdraw his guilty plea in the court below. Robinson v. State, 373 So.2d 898 (Fla. 1979); Massey v. State, 417 So.2d 1162 (Fla. 1st DCA 1982). This dismissal, however, is without prejudice to appellant's right to seek appropriate post-conviction relief pursuant to Rule 3.850, Fla.R.Crim.P.

DISMISSED.

GLICKSTEIN, HURLEY and DELL, JJ., concur.

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SMITH v. STATE
(Mar 13, 1985)