Banks v. State, 84-1120

CourtCourt of Appeal of Florida (US)
Writing for the CourtORFINGER
Citation10 Fla. L. Weekly 775,467 So.2d 386
Parties10 Fla. L. Weekly 775 Larry Lee BANKS, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 84-1120,84-1120
Decision Date21 March 1985

Page 386

467 So.2d 386
10 Fla. L. Weekly 775
Larry Lee BANKS, Appellant,
v.
STATE of Florida, Appellee.
No. 84-1120.
District Court of Appeal of Florida,
Fifth District.
March 21, 1985.
Rehearing Denied March 29, 1985.

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.

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3 practice notes
  • Welch v. State, 98-2615.
    • United States
    • Court of Appeal of Florida (US)
    • October 15, 1999
    ...DCA 1999); Patterson v. State, 569 So.2d 1386 (Fla. 4th DCA 1990); Newbold v. State, 521 So.2d 279 (Fla. 2d DCA 1988); Banks v. State, 467 So.2d 386 (Fla. 5th DCA 3. § 322.03(1), Fla. Stat. 4. Art. 1, § 12, Fla. Const. 5. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 ......
  • Weber v. State, 85-2271
    • United States
    • Court of Appeal of Florida (US)
    • August 13, 1986
    ...Carr, supra; Duckworth v. State, 469 So.2d 913 (Fla. 1st DCA 1985); D.K.G. v. State, 460 So.2d 549 (Fla. 5th DCA 1984); Banks v. State, 467 So.2d 386 (Fla. 5th DCA 1985); Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982); Sune v. State, 402 So.2d 11 (Fla. 3d DCA 1981); Hardison v. State, 38......
  • Ainsworth v. Intercontinental Hotels Corp., 83-2729
    • United States
    • Court of Appeal of Florida (US)
    • March 26, 1985
    ...467 So.2d 386 10 Fla. L. Weekly Mary AINSWORTH, Appellant, v. INTERCONTINENTAL HOTELS CORPORATION, a foreign corporation, Appellee. No. 83-2729, 83-3012. District Court of Appeal of Florida, Third District. March 26, 1985. Rehearing Denied May 7, 1985. Page 387 Stinson, Lyons & Schuette and......
2 cases
  • Welch v. State, No. 98-2615.
    • United States
    • Court of Appeal of Florida (US)
    • October 15, 1999
    ...DCA 1999); Patterson v. State, 569 So.2d 1386 (Fla. 4th DCA 1990); Newbold v. State, 521 So.2d 279 (Fla. 2d DCA 1988); Banks v. State, 467 So.2d 386 (Fla. 5th DCA 1985). 3. § 322.03(1), Fla. Stat. 4. Art. 1, § 12, Fla. Const. 5. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed......
  • Weber v. State, No. 85-2271
    • United States
    • Court of Appeal of Florida (US)
    • August 13, 1986
    ...Carr, supra; Duckworth v. State, 469 So.2d 913 (Fla. 1st DCA 1985); D.K.G. v. State, 460 So.2d 549 (Fla. 5th DCA 1984); Banks v. State, 467 So.2d 386 (Fla. 5th DCA 1985); Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982); Sune v. State, 402 So.2d 11 (Fla. 3d DCA 1981); Hardison v. State, 38......

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