Jackson v. State, 73--1183
Decision Date | 10 May 1974 |
Docket Number | No. 73--1183,73--1183 |
Parties | James W. JACKSON, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Warner S. Olds, Public Defender, and William W. Herring, Asst. Public Defender, Fort Lauderdale, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee.
Defendant was charged with a crime, a narcotics offense. Pre-trial, defendant made a motion to suppress certain incriminating evidence, which motion was denied. The defendant did thereupon enter a plea of nolo contendere.
There are two issues.
The first issue has to do with whether the defendant's plea was conditional, that is to say, was there a specific reservation of his right to appeal the ruling upon his motion to suppress?
A review of the record reveals that there was no such specific reservation. There was, simply stated in sequence, an adverse ruling, the nolo contendere plea, and the notice of appeal addressed to the pre-trial ruling in question. The defendant urges on the basis of this Court's opinion in Ackles v. State, 270 So.2d 39 (4th D.C.A.Fla.1972) that the foregoing reflects a sufficient conditional plea as would authorize this appeal. We have re-read the Ackles pronouncement and agree that, based thereon, a defendant could be so led.
However, prospectively, we wish to clarify and recede from the language projecting such notion as was expressed in Ackles v. State, Supra, and place Ackles in exact accord with our understanding of earlier and current cases on the same subject.
In Chesebrough v. State, 255 So.2d 675 (Fla.1971), the Supreme Court discussed such pleas as follows:
As concerns the general office of nolo contendere pleas, see also 9 Fla.Jur., Criminal Law § 359; 21 Am.Jur.2d, Criminal Law § 497.
However, there has grown the practice, and desirably so for good reasons, of allowing the defendant who has received an adverse pre-trial ruling to plead nolo contendere and specifically preserve an objection to that ruling by obtaining an agreement with the court that the plea is conditional, and such pre-trial decision may be appealed. United States v. Caraway, 474 F.2d 25 (5th Cir. 1973); United States v. Sepe, 474 F.2d 784 (5th Cir. 1973); Cameron v. State, 291 So.2d 222 (4th D.C.A.Fla.1974); Miller v. State, 285 So.2d 41 (2d D.C.A.Fla.1973); Walker v. State, 281 So.2d 41 (2d D.C.A.Fla.1973); See Andersen v. State, 274 So.2d 228 (Fla.1973). In Chesebrough v. State, Supra, the court held:
And how is this specific reservation and agreement to be obtained? We feel that there should be a complete understanding among the trial court...
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