State v. Carr, No. 62972

CourtFlorida Supreme Court
Writing for the CourtPER CURIAM; ALDERMAN; SHAW, J., concurs specially with an opinion, in which ADKINS; SHAW; ADKINS
Citation438 So.2d 826
PartiesSTATE of Florida, Petitioner, v. Angela CARR, Respondent.
Decision Date29 September 1983
Docket NumberNo. 62972

Page 826

438 So.2d 826
STATE of Florida, Petitioner,
v.
Angela CARR, Respondent.
No. 62972.
Supreme Court of Florida.
Sept. 29, 1983.

Page 827

Jim Smith, Atty. Gen. and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for petitioner.

Richard L. Jorandby, Public Defender and Louis G. Carres, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for respondent.

PER CURIAM.

This is a petition to review Carr v. State, 421 So.2d 1098 (Fla. 4th DCA 1982), on the ground that it conflicts with Puccio v. State, 424 So.2d 85 (Fla. 1st DCA 1982); Sune v. State, 402 So.2d 11 (Fla. 3d DCA 1981); Alexander v. State, 399 So.2d 110 (Fla. 1st DCA 1981); and Hardison v. State, 385 So.2d 738 (Fla. 2d DCA 1980). We agree there is conflict and find jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Respondent Carr was charged in a two-count information with robbery and attempted first-degree murder. The victim was an eighty-three-year-old widow who refused at a discovery deposition to reveal her current address. At a pretrial hearing, on a motion to compel discovery or, alternatively, to exclude the victim's testimony, the prosecutor advised the court that the victim feared for her life, might not appear if she were compelled to disclose her address, and that he had advised her, and would continue to advise her, not to divulge her current address. There was no evidence introduced or allegations made of any actual threat to the personal safety of the victim. The trial court denied the motion to compel discovery or to exclude testimony and set the case for trial, four days thence. On February 2, 1981, Carr's counsel announced to the court that denial of the motion to compel discovery prevented the completion of discovery and that his client was entering an open plea of nolo contendere to the robbery charge. Counsel stated that the plea was based on an understanding that the state would nolle pros the attempted first-degree murder count and, further, that Carr reserved the right to appeal the denial of the motion to compel discovery or to exclude testimony. The state responded that it did not agree that the reserved issue was dispositive of the case. The court then instructed Carr, pursuant to Florida Rule of Criminal Procedure 3.172, on the rights that she surrendered by pleading nolo contendere, and she indicated her intent to give up those rights by her plea. Carr's counsel reiterated that the record should be clear that she reserved the right to appeal the denial of the motion. The court responded, somewhat ambiguously, that it considered the reserved issue to be nondispositive. 1

Page 828

Thereafter, on March 16, 1981, the court adjudicated Carr guilty and sentenced her to five years' imprisonment, followed by five years' probation. Carr appealed the judgment and sentence.

The state moved to dismiss the appeal on the ground that the reserved issue was not dispositive of the case. On June 11, 1982, the district court relinquished jurisdiction of the case to the trial court for a determination of whether the denial of the motion...

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25 practice notes
  • Selden v. Sec'y, Case No. 8:10-cv-2259-T-33EAJ
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 22, 2011
    ...appeal on a nolo contendere plea only if it is dispositive of the case. Brown v. State, 376 So. 2d 382, 384 (Fla. 1979); State v. Carr, 438 So. 2d 826, 828 (Fla....
  • Huffman v. State, No. 1D05-3200.
    • United States
    • Court of Appeal of Florida (US)
    • August 24, 2006
    ...the right to appeal the denial of his dispositive motion to suppress. See § 924.051(4) & .06(3), Fla. Stat. (2004); State v. Carr, 438 So.2d 826, 828 (Fla.1983). The factual basis of the plea is that on October 30, 2004, Huffman possessed cocaine and a "crack" pipe in Levy County. Accepting......
  • Hawk v. State, No. 5D02-3734.
    • United States
    • Court of Appeal of Florida (US)
    • July 3, 2003
    ...an express reservation of the right to appeal at the time a plea is entered, the appeal must be dismissed. See, e.g., State v. Carr, 438 So.2d 826 (Fla.1983); Ward v. State, 585 So.2d 497 (Fla. 1st DCA 1991); Johnson v. State, 848 So.2d 478 449 So.2d 988 (Fla. 1st DCA 1984); Feagin v. State......
  • Mylock v. State, No. 1D98-2719.
    • United States
    • Court of Appeal of Florida (US)
    • January 27, 2000
    ...for appeal on a nolo contendere plea only if it is dispositive of the case. Brown v. State, 376 So.2d 382, 384 (Fla.1979); State v. Carr, 438 So.2d 826, 828 (Fla.1983). We have held that "[a]n issue is dispositive only if, regardless of whether the appellate court affirms or reverses the lo......
  • Request a trial to view additional results
25 cases
  • Selden v. Sec'y, Case No. 8:10-cv-2259-T-33EAJ
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • March 22, 2011
    ...appeal on a nolo contendere plea only if it is dispositive of the case. Brown v. State, 376 So. 2d 382, 384 (Fla. 1979); State v. Carr, 438 So. 2d 826, 828 (Fla....
  • Huffman v. State, No. 1D05-3200.
    • United States
    • Court of Appeal of Florida (US)
    • August 24, 2006
    ...the right to appeal the denial of his dispositive motion to suppress. See § 924.051(4) & .06(3), Fla. Stat. (2004); State v. Carr, 438 So.2d 826, 828 (Fla.1983). The factual basis of the plea is that on October 30, 2004, Huffman possessed cocaine and a "crack" pipe in Levy County. Accepting......
  • Hawk v. State, No. 5D02-3734.
    • United States
    • Court of Appeal of Florida (US)
    • July 3, 2003
    ...an express reservation of the right to appeal at the time a plea is entered, the appeal must be dismissed. See, e.g., State v. Carr, 438 So.2d 826 (Fla.1983); Ward v. State, 585 So.2d 497 (Fla. 1st DCA 1991); Johnson v. State, 848 So.2d 478 449 So.2d 988 (Fla. 1st DCA 1984); Feagin v. State......
  • Mylock v. State, No. 1D98-2719.
    • United States
    • Court of Appeal of Florida (US)
    • January 27, 2000
    ...for appeal on a nolo contendere plea only if it is dispositive of the case. Brown v. State, 376 So.2d 382, 384 (Fla.1979); State v. Carr, 438 So.2d 826, 828 (Fla.1983). We have held that "[a]n issue is dispositive only if, regardless of whether the appellate court affirms or reverses the lo......
  • Request a trial to view additional results

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