DAVID WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CAMPBELL, Acting Chief Judge.
We dismiss this appeal for lack of jurisdiction. Appellant, David White, entered a plea of nolo contendere to the charge of DUI, attempting to reserve his right to appeal the denial of his motion to suppress the results of a breathalyzer test. However, the parties did not stipulate that that issue was dispositive nor did the trial judge make such an express finding. The issue was therefore not preserved for appellate review, and we have no jurisdiction. Brown v. State, 376 So. 2d 382 (Fla.1979); Roob v. State, 572 So. 2d 1022 (Fla. 3d DCA 1991).
Accordingly, the appeal is dismissed.
PARKER and LAZZARA, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hawk v. State, 848 So. 2d 475 (Fla. 5th DCA 2003)…lea of nolo contendere, absent a showing that the issue challenged on appeal is dispositive of the underlying case, this court lacks jurisdiction to review the issue.”) (citing Benelhocine v. State, 717 So. 2d 103 (Fla. 2d DCA 1998); White v. State, 661 So. 2d 40 (Fla. 2d DCA 1995)); see also Jones v. State, 806 So. 2d 590, 592 (Fla. 5th DCA 2002) (“An issue is legally dispositive only if it is clear that regardless of whether the appellate court affirms or reverses the trial court’s decision, there will be…
-
T.G. v. State, 741 So. 2d 517 (Fla. 5th DCA 1999)…D. W. SHARP, and PETERSON, JJ„ concur. . Preserving an issue for appeal confers subject matter jurisdiction on the appellate court. Any distinction between the two is semantical. The terms are often used interchangeably. See, e.g., White v. State, 661 So. 2d 40 (Fla. 2d DCA 1995). . Section 924.06(3) states: A defendant who pleads guilty with no express reservation of the right to appeal a legally dispositive issue, or a defendant who pleads nolo contendere with no express reservation of the right to [*51…
-
Ruilova v. State, 125 So. 3d 991 (Fla. 2d DCA 2013)…(Fla. 2d DCA 2006); Cox v. State, 75 So. 3d 325 (Fla. 1st DCA 2011). . See, e.g., Oldham v. State, 113 So. 3d 963 (Fla. 2d DCA 2013); Fields v. State, 105 So. 3d 1280 (Fla. 2d DCA 2013). .See ch. 96-248, Laws of Fla. . See, e.g., White v. State, 661 So. 2d 40 (Fla. 2d DCA 1995); Roob v. State, 572 So. 2d 1022 (Fla. 3d DCA 1991). . See, e.g., Brown v. State, 376 So. 2d 382, 385 (Fla.1979); Sears v. State, 920 So. 2d 709 (Fla. 4th DCA 2006); Sloss v. State, 917 So. 2d 941, 942 (Fla. 5th DCA 2005); Morgan…1 / 2
Previewing 3 of 10 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)
- Davis v. State, 572 So. 2d 1022 (Fla. 5th DCA 1991)