Teague v. State, 98-2105.

Decision Date12 March 1999
Docket NumberNo. 98-2105.,98-2105.
Citation728 So.2d 1203
PartiesChapelle L. TEAGUE, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.

ANTOON, J.

We dismiss this appeal for lack of jurisdiction.

Chapelle Teague entered a plea of nolo contendere to the charge of carrying a concealed firearm.1 Before entering his plea, Mr. Teague stated that he was reserving his right to appeal the trial court's order denying his motion to suppress. However, Mr. Teague did not specify that the ruling on the motion to suppress was dispositive nor did the trial court make such an express finding. When a defendant enters a plea of nolo contendere, absent a showing that the issue challenged on appeal is dispositive of the underlying case, this court lacks jurisdiction to review the issue. See White v. State, 661 So.2d 40 (Fla. 2d DCA 1995)

; see also Benelhocine v. State, 717 So.2d 103 (Fla. 2d DCA 1998).

APPEAL DISMISSED.

COBB and GOSHORN, JJ., concur.

1. § 790.01(2), Fla. Stat. (1997).

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5 cases
  • Hawk v. State, 5D02-3734.
    • United States
    • Florida District Court of Appeals
    • 3 Julio 2003
    ...1983) (reiterating that "an issue is preserved for appeal on a nolo plea only if it is dispositive of the case."); Teague v. State, 728 So.2d 1203, 1203 (Fla. 5th DCA 1999) ("When a defendant enters a plea of nolo contendere, absent a showing that the issue challenged on appeal is dispositi......
  • Jones v. State, No. 5D00-1532
    • United States
    • Florida District Court of Appeals
    • 1 Febrero 2002
    ...dispositive of the case.7 Accordingly, we dismiss Jones's appeal of the burglary case for lack of jurisdiction. See Teague v. State, 728 So.2d 1203 (Fla. 5th DCA 1999). Finally, Jones argues that it was error for the trial court to impose consecutive habitual offender sentences. We disagree......
  • Fuegos v. State, Case No. 5D18-3637
    • United States
    • Florida District Court of Appeals
    • 23 Julio 2019
    ...to review, and the appeal must be dismissed. See Hawk v. State, 848 So. 2d 475, 478-79 (Fla. 5th DCA 2003); Teague v. State, 728 So. 2d 1203, 1203 (Fla. 5th DCA 1999); Chapin v. State, 427 So. 2d 812, 812 (Fla. 5th DCA 1983). Here, Fuegos expressly reserved his right to appeal the denial of......
  • Hedglin v. State, 5D04-1395.
    • United States
    • Florida District Court of Appeals
    • 4 Febrero 2005
    ...and does not render information void). Accordingly, we dismiss Hedglin's appeal for lack of jurisdiction. See, e.g., Teague v. State, 728 So.2d 1203 (Fla. 5th DCA 1999). SAWAYA, C.J., and MONACO, J., concur. 1. § 800.04(5)(b), Fla. Stat. (2002). ...
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