RICHARD ALAN HOFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In this appeal appellant attacks the court’s refusal to suppress the seizure of cocaine found in his possession. However, we dismiss the appeal because appellant failed to show that upon his plea of nolo contendere he reserved the right to appeal the denial of his motion to suppress. Skinner v. State, 399 So. 2d 1064 (Fla. 5th DCA 1981).
In passing we note that the minutes of the criminal court book show that the court withheld adjudication of appellant and sentenced him to probation. The court issued an order withholding adjudication, but also issued a judgment and sentence adjudicating appellant guilty. Therefore, this dismissal is without prejudice to appellant’s filing a motion under Florida Rule of Criminal Procedure 3.800(a) seeking to have the judgment and sentence conformed to the disposition which the judge pronounced in open court. See Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983).
RYDER, C.J., and GRIMES and LE-HAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Darling v. State, 577 So. 2d 677 (Fla. 4th DCA 1991)…ne and possession of drug paraphernalia. The record shows that when appellant changed his plea from not guilty to nolo contendere, he did not reserve the right to appeal the trial court’s denial of his motion to suppress evidence. See Hoff v. State, 466 So. 2d 1252 (Fla. 2nd DCA 1985). Appellant argues, and the state concedes, that appellant is entitled to a new sentencing hearing because the trial court sentenced him without his presence in court. Appellant viewed his sentencing through closed circuit telev…
Authorities Cited
- Sprague v. Sprague, 399 So. 2d 1064 (Fla. 4th DCA 1981)
- In the Interest of R.B. v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)
- Yates v. State, 429 So. 2d 815 (Fla. 2d DCA 1983)