MICHAEL R. PUCCIO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ROBERT P. SMITH, Jr., Chief Judge.
Our decision announced October 29, 1982, was in error in setting aside Puccio’s judgment of conviction and his nolo contendere plea, which was conditionally offered, reserving the right to appeal the matters addressed by the opinion. Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980), aff’d, 392 So. 2d 1324 (Fla.1981), and Alexander v. State, 399 So. 2d 110 (Fla. 1st DCA 1981), make clear that an appeal such as this must be supported by the State’s stipulation that the confession evidence Puccio sought to have suppressed is and was dispositive of the case, which is to say “the State has no case and would be unable to proceed with the prosecution without the confession.” Jackson, supra, 382 So. 2d at 750. Here there is no such stipulation by the State, and the sentencing judge, having no knowledge of the matter except as he was informed by the parties, cannot be held to have declared the subject evidence “disposi-tive” simply by accepting the representation of Puccio’s counsel. The case is therefore governed by Brown v. State, 376 So. 2d 382 (Fla.1979), and the suppression issue was not properly reserved for appeal. Because Puccio’s plea and appeal came some time after Brown was decided, Puccio is not entitled either to appeal the issue or to withdraw his plea.
The State’s motion for rehearing is GRANTED and the judgment of conviction is AFFIRMED.
SHIVERS and THOMPSON, JJ., concur.
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State v. Carr, 438 So. 2d 826 (Fla. 1983)…PER 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)(…1 / 2
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Leisure v. State, 429 So. 2d 434 (Fla. 1st DCA 1983)…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 issue reserved for appeal in those cases involved the…
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Elliott James Wright v. State, 547 So. 2d 258 (Fla. 1st DCA 1989)…ue reserved for appeal must be dispositive if the right to appeal is to be preserved. Because Carr was on notice, relief was not appropriate. The Supreme Court's holding in Brown is consistent with prior decisions of this court. In Puccio v. State, 424 So. 2d 85 (Fla. 1st DCA 1982), this court held that where there is no stipulation by the state that confession evidence which the defendant sought to have suppressed was dispos-itive, and the sentencing judge, having no knowledge of the matter except as he wa…
Previewing 3 of 6 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)
- Jackson v. State, 392 So. 2d 1324 (Fla. 1981)
- Grover Cleveland Alexander, Jr. v. State, 399 So. 2d 110 (Fla. 1st DCA 1981)
- Gaddy v. State, 399 So. 2d 110 (Fla. 1st DCA 1981)