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CAPO v. STATE

No. 80-787.

397 So.2d 409 (1981)

Charles Michael CAPO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 22, 1981.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, James R. Wulchak, Chief, Appellate Division, Asst. Public Defender, and Thomas Mott, Certified Legal Intern, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Edwin H. Duff, III, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

Appellant was charged with uttering a forged instrument in violation of section 831.02, Florida Statutes (1977). He pled guilty pursuant to the terms of a plea bargain. His plea was accepted and he was sentenced to five years imprisonment.

Appellant has appealed the judgment and his sentence. Prior to the appeal, he did not file any post-conviction motions. We dismiss the appeal of the judgment pursuant to Robinson v. State,

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