HENRY J LAGI
v.
STATE OF FLORIDA
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A criminal defendant may not bring a separate interlocutory appeal from an order denying a motion to dismiss; such review is available only as part of a plenary appeal from final judgment and sentence.
[1] A criminal defendant may not pursue a separate interlocutory appeal from an order denying a motion to dismiss but must await a final judgment and sentence to challenge su…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a defendant in a criminal proceeding may not bring a separate appeal, which is independent of the plenary appeal from the judgment and sentence, for review of an order denying a motion to suppress”
Court citing Hijuelos v. State, 73 So. 3d 364, 365 (Fla. 1st DCA 2011) to support its ruling regarding the limitation on interlocutory appeals
Henry J Lagi appealed orders denying his motions to dismiss in a criminal proceeding before the Circuit Court for Leon County.…
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January 14, 2019 PER CURIAM.
Appellant seeks review of orders denying his motions to dismiss. The orders on appeal are not within the scope of Florida Rule of Appellate Procedure 9.140(b), which lists the types of orders a criminal defendant may appeal. Interlocutory orders are not generally appealable by criminal defendants. Cf. Hijuelos v. State, 73 So. 3d 364, 365 (Fla. 1st DCA 2011) (noting “a defendant in a criminal proceeding may not bring a separate appeal, which is independent of the plenary appeal from the judgment and sentence, for review of an order denying a motion to suppress”). Accordingly, the appeal is dismissed for lack of jurisdiction.
WETHERELL, OSTERHAUS, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Henry J Lagi, pro se, Appellant. Ashley Brooke Moody, Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Reynel Diaz Hijuelos v. State, 73 So. 3d 364 (Fla. 1st DCA 2011)
- Emory Lamar "Buddy" Hunt and Patricia Hunt v. Staff Leasing, 73 So. 3d 364 (Fla. 1st DCA 2011)