Debiasio v. State, 4D00-3920.
Decision Date | 13 June 2001 |
Docket Number | No. 4D00-3920.,4D00-3920. |
Citation | 789 So.2d 1061 |
Parties | Glenn D. DEBIASIO, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Carey Haughwout, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Melanie Ann Dale, Assistant Attorney General, West Palm Beach, for appellee.
We reverse the judgment of conviction, on seven counts of burglary and two counts of grand theft, entered on Debiasio's plea of no contest.
Error occurred in the denial of Debiasio's pre-trial motion to preclude the state's use of a letter from Debiasio to the state attorney, which he claims was an offer of settlement. The letter states, in pertinent part:
(emphasis added).
Later decisions have recognized that where the parties stipulate to the dispositive nature of an order denying suppression of a confession, an appeal after a no contest plea would not violate the principles enunciated in Brown. See, e.g., Weber v. State, 492 So.2d 1166 (Fla. 4th DCA 1986)
; Zeigler v. State, 471 So.2d 172 (Fla. 1st DCA 1985); Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982).
In this case, the prosecution clearly agreed that the motion in limine, regarding what amounted to a confession by Appellant, was dispositive of the case. Although this court is not bound by the state's stipulation,2 having so stipulated, the state should not be permitted to assert the contrary on appeal.
As to the merits of Debiasio's appeal, section 90.410, Florida Statutes, provides:...
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Calabro v. State
...plea discussions by the defendant. Calabro also asserts the Third District's decision conflicts with the holdings in Debiasio v. State, 789 So.2d 1061 (Fla. 4th DCA 2001); McCray v. State, 760 So.2d 988 (Fla. 2d DCA 2000); and Russell State, 614 So.2d 605 (Fla. 1st DCA 1993). He notes that,......
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Maxwell v. State, 5D04-4177.
...a confession is not dispositive for purposes of this rule unless the parties so stipulate.") (citations omitted); Debiasio v. State, 789 So.2d 1061 (Fla. 4th DCA 2001); Blanco v. State, 752 So.2d 79 (Fla.2d DCA 2000); Spiker v. State, 477 So.2d 1063 (Fla.2d DCA 1985); Freeman v. State, 450 ......
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Nunes v. State, 2D07-1625.
...letter to State indicating that he would plead guilty in exchange for concessions was erroneously admitted); Debiasio v. State, 789 So.2d 1061, 1063 (Fla. 4th DCA 2001) (concluding that defendant's letter to state attorney, in which he offered to plead guilty, was inadmissible); Russell v. ......