RONALD EUGENE CAMPBELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
This is an appeal from a conviction after a nolo contendere plea in a robbery case. Appellant pleaded nolo contendere and specifically reserved the right to appeal the denial of a motion to suppress certain evidence seized without a warrant. We do not decide this issue on appeal because, even if we were to reverse the order denying the suppression, the state has other evidence and eye witness testimony with which to try the appellant. Thus the issue is not dispositive of the case.
This type of appeal falls within the dictates of Brown v. State, 376 So. 2d 382 (Fla. 1979), and State v. Ashby, 245 So. 2d 225 (Fla.1971).
AFFIRMED.
DAUKSCH, C. J., and COBB and PRANK D. UPCHURCH, JJ., concur.
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Logan Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982)…judge, that a preserved issue is legally dispositive and an appeal is viable. See Hardison v. State, 385 So. 2d 738 (Fla. 2d DCA 1980) (dismissing appeal without affording appellant right to withdraw his plea entered after Brown); Campbell v. State, 386 So. 2d 629 (Fla. 5th DCA 1980) (affirming without addressing nondispositive suppression issue); Webb v. State, 373 So. 2d 400 (Fla. 1st DCA 1979) (affirming without addressing one of two suppression issues on ground not legally dispositive where plea entered p…
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Vaughn v. State, 711 So. 2d 64 (Fla. 1st DCA 1998)…the wiretap was not dispositive. See, e.g., Sune v. State, 402 So. 2d 11 (Fla. 3d DCA 1981) (motion to suppress recordings of conversations not dis-positive because evidence to same effect was available through witness testimony); Campbell v. State, 386 So. 2d 629 (Fla. 5th DCA 1980) (motion to suppress evidence not dis-positive because state had other evidence with which to try appellant). Accordingly, we dismiss the appeal. See State v. Carr, 438 So. 2d 826 (Fla.1983) (approving dismissal of appeal on groun…
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Jester v. State, 405 So. 2d 177 (Fla. 5th DCA 1981)…PER CURIAM. Affirmed. Brown v. State, 376 So. 2d 382 (Fla.1979); Campbell v. State, 386 So. 2d 629 (Fla. 5th DCA 1980). COBB, FRANK D. UPCHURCH, Jr., and COWART, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ashby, 245 So. 2d 225 (Fla. 1971)
- Brown v. State, 376 So. 2d 382 (Fla. 1979)