RUBEN GONZALEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Dispositive Issue cases and more on FLexlaw
DAUKSCH, J.
This is an appeal from a conviction and sentence in a case involving a lewd act on a child and possession of child pornography.
Although appellant reserved his right to appeal an order denying suppression of his inculpatory statements, there is no right to appeal the order because even if we ruled in his favor, the issue has not been shown to be dispositive. See § 924.06(3), Fla. Stat. (1997); Teague v. State, 728 So. 2d 1203 (Fla. 5th DCA 1999).
We vacate his sentence in Count, III because it exceeds the maximum. Five years is the maximum and he was given 4.625 years incarceration followed by 10.375 years probation. State v. Holmes 360 So. 2d 380 (Fla.1978); see also, Quinn v. State, 692 So. 2d 988 (Fla. 5th DCA 1997); Speights v. State, 711 So. 2d 167 (Fla. 1st DCA 1998), quashed, Case No. 93,207,-So. 2d-(Fla. May 14, 1999).
Conviction AFFIRMED; sentence in Count III VACATED; REMANDED for resentencing.
ANTOON, C.J., concurs.
PETERSON, J., concurs specially in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
C.L.M. v. State, 752 So. 2d 67 (Fla. 5th DCA 2000)…denial of his motion was dispositive nor that the trial court made a specific finding. C.L.M. is precluded from appealing because he failed to show that the court’s ruling on the motion is dispositive of the underlying cause. See Gonzalez v. State, 739 So. 2d 1260 (Fla. 5th DCA 1999); Teague v. State, 728 So. 2d 1203 (Fla. 5th DCA 1999). DISMISSED. DAUKSCH and PETERSON, JJ., concur.…
-
Gonzalez v. State, 849 So. 2d 1112 (Fla. 5th DCA 2003)…al the denial of a previously filed motion to suppress his confession. The other count was nolle prossed. On appeal, this court affirmed the conviction, holding that the record did not show that the confession was dispositive. See Gonzalez v. State, 739 So. 2d 1260 (Fla. 5th DCA 1999), review denied, 753 So. 2d 564 (Fla.2000). Gonzalez subsequently filed a motion pursuant to rule 3.850, Florida Rules of Criminal Procedure, alleging ineffective assistance of counsel. The trial court granted this motion and the…
Authorities Cited
- State v. Holmes, 360 So. 2d 380 (Fla. 1978)
- Speights v. State, 711 So. 2d 167 (Fla. 1st DCA 1998)
- Chapelle L. Teague v. State, 728 So. 2d 1203 (Fla. 5th DCA 1999)
- Fortner v. State, 728 So. 2d 1203 (Fla. 1st DCA 1999)
- Quinn v. State, 692 So. 2d 988 (Fla. 5th DCA 1997)