SONNEY HEATH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
SHARP, Judge.
This appeal is from a conviction of first degree murder entered on December 9, 1977. The appellant was sentenced to a minimum of 25 years to life, with credit for time served. The conviction was based on a nolo contendere plea with reservation of the right to appeal the trial court’s denial of the appellant’s Motion to Suppress a Confession. As was done in Brown v. State, 376 So. 2d 382 (Fla.1979), this cause is remanded to the Circuit Court for the purpose of affording the appellant the opportunity of withdrawing his plea of nolo contendere, and pleading anew, if he so desires. See Rouch v. State, 378 So. 2d 1302 (Fla. 5th DCA 1980); and Berry v. State, 378 So. 2d 1303 (Fla. 5th DCA 1980).
REMANDED TO TRIAL COURT.
DAUKSCH, C. J., and UPCHURCH, J., concur.
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Citator
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Snell v. State, 388 So. 2d 1353 (Fla. 5th DCA 1980)…d plead anew. In the instant case the appellant entered his Ashby nolo plea prior to the decision in Brown. Therefore this cause is remanded to allow appellant to withdraw his plea of nolo contendere and plead anew if he so desires. Heath v. State, 379 So. 2d 194 (Fla.5th DCA 1980). If appellant withdraws his plea the state shall have the option of prosecuting appellant on the original charge. Bell v. State, 262 So. 2d 244 (Fla.4th DCA 1972). REMANDED for further proceedings. DAUKSCH, C. J., and FRANK D. U…
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State v. Jones, 404 So. 2d 395 (Fla. 5th DCA 1981)…of apartment 125. Appellee was arrested on this charge on March 28, 1980, and trial was set for June 19, 1980. On June 10, 1980, however, appellee moved for discharge and the trial court subsequently granted the motion, relying on Haddock v. State, 379 So. 2d 194 (Fla. 5th DCA 1980). We REVERSE under the rationale of Stevens v. State, 383 So. 2d 1156 (Fla. 5th DCA 1980). Here either the two charges arose from the same criminal conduct or episode or else they did not. If they did, then appellee’s waiver of s…
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Sliger v. State, 382 So. 2d 373 (Fla. 5th DCA 1980)…seizures. The state sufficiently, albeit barely, traversed the motion to dismiss filed under Rule 3.190(c)(4), Florida Rules of Criminal Procedure, so we find no error in the denial of the motion to dismiss. As was done in Brown and Heath v. State, 379 So. 2d 194 (Fla. 5th DCA 1980), we remand this case to the trial court to permit the appellants to withdraw their pleas and plead anew, if they so desire. The highly unusual, to say the least, sentencing procedures in this case are specifically disapproved. B…
Authorities Cited
- Brown v. State, 376 So. 2d 382 (Fla. 1979)
- Thompson v. State, 378 So. 2d 1302 (Fla. 3d DCA 1979)
- Berry v. State, 378 So. 2d 1303 (Fla. 5th DCA 1980)