PURIFOY v. STATE (1997)

District Court of Appeal of Florida,First District.

Louis PURIFOY, Appellant, v. STATE of Florida, Appellee.

No. 96-1155.

Decided: February 20, 1997

Nancy A. Daniels, Public Defender; David A. Davis, Assistant Public Defender, Office of the Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General; Charmaine M. Millsaps, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

The order denying the defendant's motion to withdraw his nolo contendere plea is not reviewable in the present appeal from the order granting probation. When a defendant seeks to withdraw a plea after the sentence has been imposed, or in this case after probation has been ordered, the correct procedure is to file a sworn motion under rule 3.850. Brown v. State, 661 So.2d 95 (Fla. 4th DCA 1995). We find no error as to any other issue concerning the probation order that is the subject of the appeal.

Affirmed.

PER CURIAM.

WEBSTER, LAWRENCE and PADOVANO, JJ., concur.

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