5D04-1395 James Hedglin v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D04-1395

Case Date: 01/31/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2005

JAMES HEDGLIN, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed February 4, 2005 Appeal from the Circuit Court for Orange County, C. Alan Lawson, Judge. James S. Purdy, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee. CASE NO. 5D04-1395

PETERSON, J. James Hedglin appeals his conviction and sentence imposed following his plea of nolo contendere to two counts of lewd and lascivious molestation.1 Although he

voluntarily entered his plea, Hedglin attempted to reserve his right to challenge the trial court's denial of his motion to dismiss the information filed against him. Hedglin's motion to dismiss alleged that the information against him was defective because it did not meet the requirements of Florida Rule of Criminal Procedure 3.140(g) where there was no
1

' 800.04(5)(b), Fla. Stat. (2002).

evidence that the alleged child victim was administered an oath prior to giving her statement or that the person to whom the statement was given was a proper person to administer an oath. Because the trial court's denial of Hedglin's motion to dismiss was not dispositive, this court lacks jurisdiction and the instant appeal must be dismissed. A defendant may appeal a conviction based on a nolo contendere plea only if he expressly reserves the right to appeal a prior dispositive order of the trial court. Brown v. State, 376 So. 2d 382 (Fla. 1979);

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