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Sears v. State

District Court of Appeal of Florida, Fourth District
Feb 8, 2006
920 So. 2d 709 (Fla. Dist. Ct. App. 2006)

Summary

affirming judgment and sentence entered pursuant to plea based on determination that the court's ruling on his motion to suppress was not dispositive

Summary of this case from M.N. v. State

Opinion

No. 4D04-3073.

February 8, 2006.

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Judge; L.T. Case No. 03-5970 CFA02.

Carey Haughwout, Public Defender, and Susan D. Cline and Luis A. Bonilla, Assistant Public Defenders, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR REHEARING AND/OR CLARIFICATION


We grant the appellant's motion for rehearing, withdraw our prior opinion, and substitute the following in its place. Following the denial of his motion to suppress statements he made to police, Leoton Sears pled no contest to attempted robbery, a lesser included offense of the robbery charged, reserving his right to appeal the court's ruling on the motion to suppress. A defendant's right to appeal following a nolo contendere plea is, however, limited by Florida Rule of Appellate Procedure 9.140(b)(2)(A). Of significance in this case is the rule's requirement that the ruling the defendant seeks to reserve for appeal be dispositive. See Fla.R.App.P. 9.140(b)(2)(A)(i). The denial of Sears' motion to suppress the statements he made to police was not dispositive. See Brown v. State, 376 So.2d 382, 385 (Fla. 1979); Werner v. State, 828 So.2d 499 (Fla. 3d DCA 2002).

We thus affirm the instant appeal without prejudice to appellant's right to seek to withdraw his plea. See Leonard v. State, 760 So.2d 114, 119 (Fla. 2000); Hagins v. State, 900 So.2d 735 (Fla. 4th DCA 2005).

STEVENSON, C.J., WARNER and MAY, JJ., concur.


Summaries of

Sears v. State

District Court of Appeal of Florida, Fourth District
Feb 8, 2006
920 So. 2d 709 (Fla. Dist. Ct. App. 2006)

affirming judgment and sentence entered pursuant to plea based on determination that the court's ruling on his motion to suppress was not dispositive

Summary of this case from M.N. v. State
Case details for

Sears v. State

Case Details

Full title:Leoton R. SEARS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 8, 2006

Citations

920 So. 2d 709 (Fla. Dist. Ct. App. 2006)

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