Gibson v. State
| Decision Date | 05 August 1980 |
| Docket Number | No. 78-1683,78-1683 |
| Citation | 386 So.2d 588 |
| Parties | Oleanga GIBSON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Dade County; Natalie Baskin, Judge.
Bennett H. Brummer, Public Defender and Clark D. Mervis and Alan R. Dakan, Asst. Public Defenders, for appellant.
Jim Smith, Atty. Gen. and Susan Minor, Asst. Atty. Gen., for appellee.
Before BARKDULL, HENDRY and SCHWARTZ, JJ.
The defendant appeals from a conviction entered on a nolo plea, in which the right to review the denial of his motion to suppress his confessions was specifically reserved. Under Brown v. State, 376 So.2d 382 (Fla.1979), we are required to dismiss the appeal. As did the court in Brown, however, we direct that, after remand, the defendant shall be permitted to withdraw his plea and to plead anew, provided that the state does not establish that it has been prejudiced by the subsequent delay. See, Basten v. State, 382 So.2d 1362 (Fla. 2d DCA 1980); Pittman v.State, 382 So.2d 1227 (Fla. 2d DCA 1980); McCowen v. State, 381 So.2d 284 (Fla. 3d DCA 1980).
Appeal dismissed.
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Sharpe v. State, 91-1712
...1022 (Fla. 3d DCA 1991), without prejudice to an application for withdrawal of the plea. Roob, 572 So.2d at 1023; cf. Gibson v. State, 386 So.2d 588 (Fla. 3d DCA 1980) (plea ordered withdrawn when, unlike this case, it was clear all parties relied on appealability of Appeal dismissed. ...