McCowen v. State, 79-237
| Decision Date | 04 March 1980 |
| Docket Number | No. 79-237,79-237 |
| Citation | 381 So.2d 284 |
| Parties | Tammy Sue McCOWEN, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Dade County; Wilkie D. Ferguson, Jr., judge.
Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., and Susan Minor, Asst. Atty. Gen., for appellee.
Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD R., (Ret.), Associate Judge.
The defendant-appellant pled nolo contendere to charges of second-degree murder, kidnapping and robbery. Although she reserved her right to appeal the denial of her motion to suppress her confessions to the crimes, we are compelled to dismiss the appeal on the authority of the later-decided case of Brown v. State, 376 So.2d 382 (Fla.1979). As also required by Brown, we direct that the defendant shall be granted the right, if she so desires, to withdraw her nolo plea and to plead anew.
Appeal dismissed.
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Gibson v. State
...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 ...