Jackson v. State, No. NN-168

CourtFlorida District Court of Appeals
Writing for the CourtPER CURIAM
Citation382 So.2d 749
PartiesFrank JACKSON, Jr., Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. NN-168
Decision Date28 March 1980

Page 749

382 So.2d 749
Frank JACKSON, Jr., Appellant,
v.
STATE of Florida, Appellee.
No. NN-168.
District Court of Appeal of Florida, First District.
March 28, 1980.

Page 750

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

ORDER ON MOTION FOR REHEARING

PER CURIAM.

Appellant asserts in his motion for rehearing or clarification that this court evidently overlooked Brown v. State, 376 So.2d 382 (Fla.1979), in which the Supreme Court of Florida ruled that a conditional nolo contendere plea (State v. Ashby, 245 So.2d 225 (Fla.1971)), is permissible only if the legal issue to be appealed is dispositive of the case, and that "as a matter of law a confession may not be considered dispositive of the case" (Brown, at 385) for purposes of an Ashby nolo plea.

The record presented to this court reveals a stipulation filed in the trial court in which both the State and the defense agreed that the State could not proceed with the prosecution of this case without the benefit of the confession as evidence. This court did not overlook Brown v. State, supra, but did consider it, and determined that the "dispositive effect" of a confession, as a matter of law, must be viewed in accordance with that decision. However, we do not consider that decision as precluding a stipulation, by the State and the defendant, such as we have in the record here, in which both sides agree that the State has no case and would be unable to proceed with the prosecution without the confession. Under these circumstances we concluded that the ruling on the admissibility of a confession would be "dispositive of the appeal". Having so considered it, we reviewed the appeal on the merits, and affirmed the ruling of the trial court.

Accordingly, the motion for rehearing and motion for rehearing en banc are denied.

ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.

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23 practice notes
  • Hicks v. State, No. 1D17-1830
    • United States
    • Court of Appeal of Florida (US)
    • June 12, 2019
    ...dispositive unless the parties so stipulate") (quoting Wilson v. State , 885 So. 2d 959, 960 (Fla. 5th DCA 2004) ); Jackson v. State , 382 So. 2d 749 (Fla. 1st DCA 1980) (holding appellate court will treat appeal as involving a dispositive issue if the State stipulates to it).In the SYG con......
  • Finney v. State, No. 79-1936
    • United States
    • Court of Appeal of Florida (US)
    • October 5, 1982
    ...we are satisfied that a Nielsen type conflict exists. Consequently, we reach the merits of the present appeal. In Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla.1981), the court concluded that a stipulation by the parties that a case could not be prosecuted ......
  • Maxwell v. State, No. 5D04-4177.
    • United States
    • United States State Supreme Court of Florida
    • January 6, 2006
    ...DCA 2000); Spiker v. State, 477 So.2d 1063 (Fla.2d DCA 1985); Freeman v. State, 450 So.2d 301 (Fla. 5th DCA 1984); Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla.1981); Oesterle v. State, 382 So.2d 1293 (Fla.2d DCA 1980); see also White v. State, 830 So.2d 9......
  • Phuagnong v. State, No. 96-4705
    • United States
    • Court of Appeal of Florida (US)
    • June 15, 1998
    ...an issue concerning a confession, even though such issue would otherwise be deemed not dispositive as a matter of law. Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla.1981). Therefore, unless this court is prepared to "go behind" the stipulation of the partie......
  • Request a trial to view additional results
23 cases
  • Hicks v. State, No. 1D17-1830
    • United States
    • Court of Appeal of Florida (US)
    • June 12, 2019
    ...dispositive unless the parties so stipulate") (quoting Wilson v. State , 885 So. 2d 959, 960 (Fla. 5th DCA 2004) ); Jackson v. State , 382 So. 2d 749 (Fla. 1st DCA 1980) (holding appellate court will treat appeal as involving a dispositive issue if the State stipulates to it).In the SYG con......
  • Finney v. State, No. 79-1936
    • United States
    • Court of Appeal of Florida (US)
    • October 5, 1982
    ...we are satisfied that a Nielsen type conflict exists. Consequently, we reach the merits of the present appeal. In Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla.1981), the court concluded that a stipulation by the parties that a case could not be prosecuted ......
  • Maxwell v. State, No. 5D04-4177.
    • United States
    • United States State Supreme Court of Florida
    • January 6, 2006
    ...DCA 2000); Spiker v. State, 477 So.2d 1063 (Fla.2d DCA 1985); Freeman v. State, 450 So.2d 301 (Fla. 5th DCA 1984); Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla.1981); Oesterle v. State, 382 So.2d 1293 (Fla.2d DCA 1980); see also White v. State, 830 So.2d 9......
  • Phuagnong v. State, No. 96-4705
    • United States
    • Court of Appeal of Florida (US)
    • June 15, 1998
    ...an issue concerning a confession, even though such issue would otherwise be deemed not dispositive as a matter of law. Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla.1981). Therefore, unless this court is prepared to "go behind" the stipulation of the partie......
  • Request a trial to view additional results

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