OLEANGA GIBSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
OLEANGA GIBSON, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
386 So. 2d 588
Florida District Court of Appeal, Third District (1980)
Caution
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The defendant appeals from a conviction entered on a nolo plea, in which the right to review the denial of his motion to suppress his confessions was specifically reserved. Under Brown v. State, 376 So. 2d 382 (Fla. 1979), we are required to dismiss the appeal. As did the court in Brown, however, we direct that, after remand, the defendant shall be permitted to withdraw his plea and to plead anew, provided that the state does not establish that it has been prejudiced by the subsequent delay. See, Basten v. State, 382 So. 2d 1362 (Fla. 2d DCA 1980); Pittman v.State, 382 So. 2d 1227 (Fla. 2d DCA 1980); McCowen v. State, 381 So. 2d 284 (Fla. 3d DCA 1980).
Appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bauldy A. Sharpe v. State, 589 So. 2d 964 (Fla. 3d DCA 1991)…e appellant’s nolo plea, is not a dispositive order. The appeal is therefore dismissed, Roob v. State, 572 So. 2d 1022 (Fla. 3d DCA 1991), without prejudice to an application for withdrawal of the plea. Roob, 572 So. 2d at 1023; cf. Gibson v. State, 386 So. 2d 588 (Fla. 3d DCA 1980) (plea ordered withdrawn when, unlike this case, it was clear all parties relied on appealability of order). Appeal dismissed.…
Authorities Cited
- Brown v. State, 376 So. 2d 382 (Fla. 1979)
- G & B OF Jacksonville, Inc. v. State, 382 So. 2d 1227 (Fla. 1st DCA 1979)
- Pittman v. State, 382 So. 2d 1227 (Fla. 2d DCA 1979)
- Basten v. State, 382 So. 2d 1362 (Fla. 2d DCA 1980)
- McCOWEN v. State, 381 So. 2d 284 (Fla. 3d DCA 1980)
- Hans v. Porlick, 381 So. 2d 284 (Fla. 3d DCA 1980)