02-0965 ORIENTUS WERNER V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-0965 ORIENTUS WERNER V. STATE

Case Date: 10/23/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2002

ORIENTUS WERNER, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D02-965 LOWER TRIBUNAL NO. 98-17219D

Opinion filed October 23, 2002. An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and GERSTEN, and GREEN, JJ. PER CURIAM. Orientus Werner ("defendant") appeals the denial of his motion to suppress statements he made to the police. The defendant

attempted to preserve his right to appeal the trial court's order.

However, as both sides stipulated, the defendant does not have a right to appeal because the issue is not dispositive. See Seabrook v. State, 620 So. 2d 227 (Fla. 3d DCA 1993). The appeal is

dismissed without prejudice to the defendant's right to withdraw the plea and for relief under Florida Rule of Criminal Procedure 3.850. See Sharpe v. State, 589 So. 2d 964 (Fla. 3d DCA 1991);

Roob v. State, 572 So. 2d 1022 (Fla. 3d DCA 1991). Appeal dismissed.

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