MARVIN A. WHITE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARVIN A. WHITE, APPELLANT,
STATE OF FLORIDA, APPELLEE
830 So. 2d 944
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 23 cases
Opinion of the Court
PER CURIAM.
White appeals from the denial of a motion to suppress his confession. Although White entered a nolo plea specifically reserving his right to appeal, the motion is not dispositive. See Fla. R.App. P. 9.140 (b) (2) (A) (i) (2000); Brown v. State, 376 So. 2d 382 (Fla.1979); Weber v. State, 492 So. 2d 1166 (Fla. 4th DCA 1986); Werner v. State, 828 So. 2d 499 (Fla. 3d DCA 2002). In the absence of a dispositive motion or a stipulation by the parties to that effect, we must dismiss for lack of jurisdiction. See Weber, 492 So. 2d at 1167.
DISMISSED.
KLEIN, STEVENSON and TAYLOR, JJ., concur.
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Citator
Cited By (12 total)
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State v. Florida, 894 So. 2d 941 (Fla. 2005)…t convictions of both attempted premeditated (first-degree) or depraved mind (second-degree) murder and attempted felony murder for a single killing violate double jeopardy. See Tucker v. State, 857 So. 2d 978 (Fla. 4th DCA 2003); Mitchell v. State, 830 So. 2d 944 (Fla. 5th DCA 2002). I would reach the same result, but because the core offense of both crimes is battery rather than homicide. Attempted felony murder, as codified in section 782.051(1), Florida Statutes (2004), requires “an intentional act that i…
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Battle v. State, 911 So. 2d 85 (Fla. 2005)…riously injuring someone, and injuring someone during the commission of a felony are sufficiently distinct that they warrant separate punishment. Id. at 23. Thus, this Court found no double jeopardy violation. Id. at 25; see also Mitchell v. State, 830 So. 2d 944 (Fla. 5th DCA 2002) (applying Gordon analysis to conclude that dual convictions for attempted second-degree murder and attempted felony murder violate double jeopardy principles). We must examine the two offenses at issue here, attempted second-deg…1 / 2
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Blekley Coicou v. State, 39 So. 3d 237 (Fla. 2010)…gard for human life.” See Florida, 894 So. 2d at 945-46.4 Therefore, attempted felony murder was not charged in a manner encompassing a showing of a depraved mind, the required mental element of attempted second-degree murder. See Mitchell v. State, 830 So. 2d 944, 948 (Fla. 5th DCA 2002) (Pleus, J., dissenting) (“Attempted second-degree murder requires a showing of recklessness, of a ‘depraved mind without regard for human life’; attemptéd felony murder does not.”). Moreover, there is no indication that the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Brown v. State, 376 So. 2d 382 (Fla. 1979)
- Sylvina Juste v. Dep't OF Health & Rehabilitative Servs., 492 So. 2d 1166 (Fla. 1st DCA 1986)
- Weber v. State, 492 So. 2d 1166 (Fla. 4th DCA 1986)
- Orientus Werner v. State, 828 So. 2d 499 (Fla. 3d DCA 2002)
- Menelek Willis v. State, 828 So. 2d 499 (Fla. 3d DCA 2002)