WILLIAM E. RUSSELL, JR.
v.
STATE OF FLORIDA

Fla. 5th DCA | 2019-03-29
No. 18-1470
Adams, J., Evander, C.J., Edwards, J., Sasso, J.
266 So. 3d 880 Florida District Court of Appeal, Fifth District (2019)

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Holding

A defendant who enters a no contest plea without expressly reserving the right to appeal a prior order denying a motion to suppress statements cannot appeal that suppression issue on direct appeal.

Headnotes

[1] A defendant who enters a no contest plea must expressly reserve the right to appeal a prior order denying a motion to suppress in order to preserve that issue for appella…

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Facts & Procedural History

Russell pled no contest to burglary of a dwelling with the assistance of counsel. He did not expressly reserve the right to appeal the denial of a mot…

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Opinion of the Court
Affirmed. Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

WILLIAM E. RUSSELL, JR.,

Appellant,

v. Case No. 5D18-1470

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed March 29, 2019

Appeal from the Circuit Court for Orange County, Gail A. Adams, Judge.

James S. Purdy, Public Defender, David M. Dixon, and Nancy Ryan, Assistant Public Defenders, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders1 appeal, William E. Russell, Jr., appeals the judgment and sentence entered after he pled, with the assistance of counsel, no contest to burglary of a dwelling. Although we affirm, one issue merits discussion. Russell did not expressly reserve the

AFFIRMED.

EVANDER, C.J., EDWARDS and SASSO, JJ., concur.

2 See Miranda v. Arizona, 384 U.S. 436 (1966).

Footnotes
1 See Anders v. California, 386 U.S. 738 (1967).
2 right to appeal the denial of a motion to suppress his post-Miranda2 statements, nor was there a finding by the court that the suppression issue was dispositive of the case. See Fla. R. App. P. 9.140(b)(2)(A) (providing that defendant may not appeal from no contest plea except where defendant “expressly reserve[s] the right to appeal a prior dispositive order of the lower tribunal”). As such, we affirm without prejudice for Russell to timely seek postconviction relief on the suppression issue.

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