Banks v. State

Full title: LARRY LEE BANKS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Mar 29, 1985

467 So. 2d 386 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1120.

March 21, 1985. Rehearing Denied March 29, 1985.

Appeal from the Circuit Court, Orange County, Rom W. Powell, J.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary W. Tinsley, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

Charged with second degree grand theft, appellant entered a plea of nolo contendere to the lesser crime of petty theft after a motion to suppress evidence was denied. He appeals the judgment and sentence entered upon that plea. We dismiss the appeal because the record does not reflect that at the time the plea was entered there was any reservation of the right to appeal a dispositive and specifically identified ruling of the trial court. Without such reservation, we have no jurisdiction. Fla.R. App.P. 9.140(b)(1); S.C. v. State, 388 So.2d 643 (Fla. 5th DCA 1980).

APPEAL DISMISSED.

DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur.