GROVER CLEVELAND ALEXANDER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The record supports the trial court’s ruling that appellant’s confession was voluntary. The confession issue was legally preserved for review because the prosecutor and defense counsel stipulated before entry of appellant’s nolo contendere plea that the ruling on the voluntariness of the confession was dispositive of the case. Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980). Upon entry of his nolo conten-dere plea, appellant also reserved the right to appeal the trial court’s denial of his motion to suppress evidence seized during a warrantless search of the trunk of his car. However, the record contains no indication, in the form of stipulation or otherwise, that the ruling on that motion was dispositive of the case. Therefore, pursuant to Brown v. State, 376 So. 2d 382 (Fla.1979), that issue has not been properly preserved for review. Since appellant’s plea was entered after finality of the Brown decision, he is not entitled to withdraw his plea even though he is unable to seek the full appellate review upon which his plea was conditioned. Hardison v. State, 385 So. 2d 788 (Fla. 2d DCA 1980).
AFFIRMED.
McCORD, BOOTH and SHIVERS, JJ., concur.
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Logan Finney v. State, 420 So. 2d 639 (Fla. 3d DCA 1982)…f’d, 392 So. 2d 1324 (Fla.1981), the court concluded that a stipulation by the parties that a case could not be prosecuted without the benefit of a confession, enabled the motion to suppress to be dispositive of the case. Accord, Alexander v. State, 399 So. 2d 110 (Fla. 1st DCA 1981); Snell v. State, 388 So. 2d 1353, 1354, n. 2 (Fla. 5th DCA 1980); Oesterle v. State, 382 So. 2d 1293 (Fla. 2d DCA 1980). This court, in Sune v. State, 402 So. 2d 11 (Fla. 3d DCA 1981), recognized that if there had been evidence o…
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State v. Carr, 438 So. 2d 826 (Fla. 1983)…R CURIAM. This is a petition to review Carr v. State, 421 So. 2d 1098 (Fla. 4th DCA 1982), on the ground that it conflicts with Puccio v. State, 424 So. 2d 85 (Fla. 1st DCA 1982); Sune v. State, 402 So. 2d 11 (Fla. 3d DCA 1981); Alexander v. State, 399 So. 2d 110 (Fla. 1st DCA 1981); and Hardison v. State, 385 So. 2d 738 (Fla. 2d DCA 1980). We agree there is conflict and find jurisdiction. Art. V, § 3(b)(3), Fla. Const. Respondent Carr was charged in a two-count information with robbery and attempted first-…1 / 2
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Leisure v. State, 429 So. 2d 434 (Fla. 1st DCA 1983)…a. 2d DCA 1979); see also Gainey v. State, 386 So. 2d 904 (Fla. 4th DCA 1980), and Gray v. State, 379 So. 2d 435 (Fla. 2d DCA 1980). Finally, we note that our holding in this case does not conflict with our previous decisions in Alexander v. State, 399 So. 2d 110 (Fla. 1st DCA 1981), Puccio v. State, 424 So. 2d 85 (Fla. 1st DCA 1982) (on petition for rehearing), or Turner v. State, 409 So. 2d 253 (Fla. 1st DCA 1982). The Turner and Puceio cases are distinguishable from this case based on the fact that the is…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 376 So. 2d 382 (Fla. 1979)
- Nat'l Brands, Inc. v. Willis, 382 So. 2d 749 (Fla. 1st DCA 1980)