Churchill v. State, 5D14–1081.
Decision Date | 24 July 2015 |
Docket Number | No. 5D14–1081.,5D14–1081. |
Citation | 169 So.3d 1260 (Mem) |
Parties | Roger Dennis CHURCHILL, Jr., Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James S. Purdy, Public Defender, and Christopher S. Quarles, Assistant Public Defender, Daytona Beach, for Appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.
Roger Dennis Churchill, Jr. appeals his judgment and sentence for one count of manufacture of methamphetamine, one count of conspiracy to manufacture methamphetamine, and one count of possession of a listed chemical, entered after he pled no contest to the charges while reserving his right to appeal the trial court's ruling on his pre-trial motion in limine.1 We decline to address the issue. Because the trial court's order was not dispositive,2 it cannot be challenged on direct appeal. See Fla. R. App. P. 9.140(b)(2)(A)(i) ; Garcia–Roque v. State, 120 So.3d 618 (Fla. 5th DCA 2013) ( ). “An issue is legally dispositive only if, regardless of whether the appellate court affirms or reverses the lower court's decision, there will be no trial of the case.” Levine v. State, 788 So.2d 379, 380 (Fla. 4th DCA 2001) (internal quotation marks omitted) (citing Zambuto v. State, 731 So.2d 46 (Fla. 4th DCA 1999) ). Accordingly, we dismiss the appeal. See Garcia–Roque, 120 So.2d at 619.
DISMISSED.
1 The specific issue presented on appeal is whether the presumptive field test conducted by law enforcement met the standard set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). See § 90.702, Fla. Stat. (2014) ; Perez v. Bell South Telecomm., Inc., 138 So.3d 492, 497–98 (Fla. 3d DCA 2014). Churchill argues it did not. He does not contest the trial court's ruling concerning the identification of the methamphetamine based on the law enforcement officer's training and experience.
2 Even though the State stipulated below that the trial court's ruling was dispositive, this Court is not bound to accept the State's stipulation. See Ashley v. State, 611 So.2d 617, 618 (Fla. 2d DCA 1993) ( ). Here, the stipulation was based on the exclusion of all of the deputy's testimony, including his identification of the methamphetamine based on his training and experience. Churchill waived any argument as to this additional testimony by not raising it in his initial brief. See, e.g., Hoskins v. State, 75 So.3d 250, 257 (Fla.2011) (citing Hall v. State, 823 So.2d 757, 763 (Fla.2002) ) ( argument not raised in initial brief barred); J.A.B. Enters. v. Gibbons, 596...
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Churchill v. State
...J.Roger Dennis Churchill, Jr., seeks review of the decision of the Fifth District Court of Appeal in Churchill v. State , 169 So.3d 1260 (Fla. 5th DCA 2015), on the ground that it expressly and directly conflicts with a decision of the Third District Court of Appeal in Finney v. State , 420......
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Appeals
...court is not bound to find that the motion in limine was dispositive, even if the state stipulates that it is. Churchill v. State, 169 So. 3d 1260 (Fla. 5th DCA 2015) When defendant in his no contest plea fails to reserve the issues he seeks to appeal, the appeal on those issues will be dis......