LAWRENCE ARNOLD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that it lacks jurisdiction to entertain an appeal on the merits when the confessions at issue could not have been dispositive as a matter of law.
Lawrence Arnold was charged with armed robbery and burglary, and pled nolo contendere, reserving the right to appeal the denial of his motions to supp…
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PER CURIAM.
The state charged Lawrence Arnold with armed robbery and burglary. Arnold pled nolo contendere reserving his right to appeal the trial court’s denial of his motions to suppress his confessions.1 The trial court accepted Arnold’s plea, adjudicated him guilty of both charges and sentenced him to concurrent fifteen year sentences. This timely appeal ensued.
Citing the supreme court’s recent opinion in Brown v. State, 376 So. 2d 382 (Fla.1979), the state argues that this court has no jurisdiction to entertain Arnold’s appeal on the merits because his confessions could not have been dispositive as a matter of law. We agree.
Accordingly, we dismiss this appeal and direct the trial court to allow Arnold 30 days from the date of our mandate to file a motion to withdraw his plea and set aside the judgment and sentence under the procedure outlined in Pittman v. State, No. 79-642 (Fla.2d DCA 1980).
GRIMES, C. J., and SCHEB and DAN-AHY, JJ., concur. . Arnold also reserved the right to appeal the denial of his motions to suppress physical evidence seized in searches by the police. On appeal, however, he challenges only the denial of the motions to suppress his confessions. Hence, his contention concerning suppression of physical evidence is deemed abandoned. See Ungaro v. West Palm Beach Biltmore Apartments, Inc., 61 So. 2d 642 (Fla.1952).
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Logan Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982)…drawal of an Ashby plea entered before the date of its decision. Accord, Kjersgaard v. State, 383 So. 2d 763 (Fla. 2d DCA 1980); Pittman v. State, 382 So. 2d 1227 (Fla. 2d DCA 1980); Gray v. State, 381 So. 2d 302 (Fla. 2d DCA 1980); Arnold v. State, 379 So. 2d 1003 (Fla. 2d DCA 1980). A defendant’s understanding that he could appeal, incorrect because of clerical error, was sufficient to provide him the opportunity to withdraw his plea. Thatcher v. State, 385 So. 2d 163 (Fla. 5th DCA 1980). A defendant who may…
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Everett v. State, 535 So. 2d 667 (Fla. 2d DCA 1988)…d for appeal on a nolo plea only if it is dispositive of the case.” State v. Carr, 438 So. 2d 826 (Fla.1983). Thus, in the light of Brown and consistent with our decisions in Hardison v. State, 385 So. 2d 738 (Fla. 2d DCA 1980), and Arnold v. State, 379 So. 2d 1003 (Fla. 2d DCA 1980), we would be warranted in dismissing the instant appeals. We have determined not to follow that course, however, because the record of the plea hearing is “murky” and suggests that the trial court’s comments gave tacit approval to…
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Weber v. State, 492 So. 2d 1166 (Fla. 4th DCA 1986)…549 (Fla. 5th DCA 1984); Banks v. State, 467 So. 2d 386 (Fla. 5th DCA 1985); Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982); Sune v. State, 402 So. 2d 11 (Fla. 3d DCA 1981); Hardison v. State, 385 So. 2d 738 (Fla. 2d DCA 1980); Arnold v. State, 379 So. 2d 1003 (Fla. 2d DCA 1980). The only case unearthed by this court’s research which actually reached the merits is Turner v. State, 429 So. 2d 318 (Fla. 1st DCA 1982), where the court affirmed the lower court’s judgment and sentence although it found that t…
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- Brown v. State, 376 So. 2d 382 (Fla. 1979)