Puccio v. State, AJ-264
Decision Date | 15 December 1982 |
Docket Number | No. AJ-264,AJ-264 |
Citation | 424 So.2d 85 |
Parties | Michael R. PUCCIO, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Our decision announced October 29, 1982, was in error in setting aside Puccio's judgment of conviction and his nolo contendere plea, which was conditionally offered, reserving the right to appeal the matters addressed by the opinion. Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla.1981), and Alexander v. State, 399 So.2d 110 (Fla. 1st DCA 1981), make clear that an appeal such as this must be supported by the State's stipulation that the confession evidence Puccio sought to have suppressed is and was dispositive of the case, which is to say "the State has no case and would be unable to proceed with the prosecution without the confession." Jackson, supra, 382 So.2d at 750. Here there is no such stipulation by the State, and the sentencing judge, having no knowledge of the matter except as he was informed by the parties, cannot be held to have declared the subject evidence "dispositive" simply by accepting the representation of Puccio's counsel. The case is therefore governed by Brown v. State, 376 So.2d 382 (Fla.1979), and the suppression issue was not properly reserved for appeal. Because Puccio's plea and appeal came some time after Brown was decided, Puccio is not entitled either to appeal the issue or to withdraw his plea.
The State's motion for rehearing is GRANTED and the judgment of conviction is AFFIRMED.
To continue reading
Request your trial-
Turner v. State
...v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd., 392 So.2d 1324 (Fla.1981); see also Puccio v. State, 7 FLW 2294 (Fla. 1st DCA, October 29, 1982), on reh., 424 So.2d 85 (Fla. 1st DCA 1982). Further, as a rule of law, issues relating to the suppression of a confession are not dispositive......
-
Duckworth v. State
...826 (Fla.1983); Cauley v. State, 444 So.2d 964 (Fla. 1st DCA 1984); Turner v. State, 429 So.2d 318 (Fla. 1st DCA 1983); Puccio v. State, 424 So.2d 85 (Fla. 1st DCA 1982); Hardison v. State, 385 So.2d 738 (Fla. 2d DCA Accordingly, the appeal is dismissed. MILLS and NIMMONS, JJ., and PEARSON,......
-
Wright v. State, 88-1129
...relief was not appropriate. The Supreme Court's holding in Brown is consistent with prior decisions of this court. In Puccio v. State, 424 So.2d 85 (Fla. 1st DCA 1982), this court held that where there is no stipulation by the state that confession evidence which the defendant sought to hav......
-
Leisure v. State
...in this case does not conflict with our previous decisions in Alexander v. State, 399 So.2d 110 (Fla. 1st DCA 1981), Puccio v. State, 424 So.2d 85 (Fla. 1st DCA 1982) (on petition for rehearing), or Turner v. State, 409 So.2d 253 (Fla. 1st DCA 1982). The Turner and Puccio cases are distingu......