CARMELO FERNANDEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Confession Of Error cases and more on FLexlaw
PER CURIAM.
In separate counts of an information the appellant, defendant below, was charged with unlawful possession of cocaine, hashish, and cannabis. The evidence against the defendant upon which the charges were predicated resulted from a search made pri-or to arrest. Defendant moved to suppress such evidence challenging the legality of the search. The motion was denied. Defendant then pleaded nolo contendere, reserving right of appeal from said order. State v. Ashby, 245 So. 2d 225 (Fla.1971). This appeal by the defendant ensued. In lieu of a brief in response to appellant’s brief the State has filed a confession of error. Whereupon the conviction and sentence entered on said plea are hereby set aside, and the cause is remanded to the trial court with direction that the appellant be accorded the opportunity to withdraw his plea of nolo contendere. See: Wallace v. State, 321 So. 2d 97 (Fla. 4th DCA 1975).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ellis v. Barclays Bank Plc-Miami Agency, 594 So. 2d 826 (Fla. 3d DCA 1992)…S. 319 (N.Y.Ct.1931), but we reverse on the cross appeal as to the denial of attorney’s fees. See and compare First National Bank & Trust Company of Stuart v. Bryan, 427 So. 2d 392 (Fla. 4th DCA 1983); Florida National Bank of Coral Gables v. Rosen, 353 So. 2d 1280 (Fla. 2d DCA 1978); Buyer Finance Corporation v. Oliveros, 196 So. 2d 451 (Fla. 3d DCA 1967). This cause is remanded with directions to award attorney’s fees pursuant to Section 77.28, Florida Statutes (1991). Affirmed in part and reversed in part…
Authorities Cited
- State v. Ashby, 245 So. 2d 225 (Fla. 1971)
- Cohen v. Cohen, 321 So. 2d 97 (Fla. 4th DCA 1975)
- Wallace v. State, 321 So. 2d 97 (Fla. 4th DCA 1975)