4D04-3073-Sears v. State

State: Florida

Court: Florida Fourth District Court

Docket No: 4D04-3073

Case Date: 12/14/2005

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT July Term 2005 LEOTON R. SEARS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D04-3073 [December 14, 2005] PER CURIAM. 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, dismiss the instant appeal for lack of jurisdiction, see White v. State, 830 So. 2d 944 (Fla. 4th DCA 2002); our dismissal is without prejudice to Sears' right to seek to withdraw his plea. STEVENSON, C.J., WARNER and MAY, JJ., concur. * * *

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. Not final until disposition of timely filed motion for rehearing.

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