Weber v. State, No. 85-2271
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | COLBATH, WALTER N., JR. |
| Citation | 11 Fla. L. Weekly 1798,492 So.2d 1166 |
| Decision Date | 13 August 1986 |
| Docket Number | No. 85-2271 |
| Parties | 11 Fla. L. Weekly 1798 David Anthony WEBER, Appellant, v. STATE of Florida, Appellee. |
Page 1166
v.
STATE of Florida, Appellee.
Fourth District.
Page 1167
Charles D. Franken and Paul Stark, of Franken and Stark, Plantation, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Michael W. Baker and Penny H. Brill, Asst. Attys. Gen., West Palm Beach, for appellee.
COLBATH, WALTER N., JR., Associate Judge.
This is an appeal from final judgment of the lower court adjudicating appellant guilty of first degree murder and sentencing him to life imprisonment.
After the lower court denied appellant's motion to suppress his confession, appellant changed his plea from not guilty to nolo contendere, specifically reserving the right to appeal the denial of the motion to suppress. We would like to reach the merits of this appeal, but conclude that to do so would be improper.
An issue is preserved for appeal on a nolo contendere plea only if it is dispositive of the case. Brown v. State, 376 So.2d 382 (Fla.1979); State v. Carr, 438 So.2d 826 (Fla.1983). Courts in numerous cases have held that the matter is jurisdictional, i.e., the appellate court cannot reach the merits of an appeal if the issue on appeal was not dispositive below. See Carr, supra; Duckworth v. State, 469 So.2d 913 (Fla. 1st DCA 1985); D.K.G. v. State, 460 So.2d 549 (Fla. 5th DCA 1984); Banks v. State, 467 So.2d 386 (Fla. 5th DCA 1985); Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982); Sune v. State, 402 So.2d 11 (Fla. 3d DCA 1981); Hardison v. State, 385 So.2d 738 (Fla. 2d DCA 1980); Arnold v. State, 379 So.2d 1003 (Fla. 2d DCA 1980).
The only case unearthed by this court's research which actually reached the merits is Turner v. State, 429 So.2d 318 (Fla. 1st DCA 1982), where the court affirmed the lower court's judgment and sentence although it found that the lower court's denial of defendant's motion to suppress his confession was not dispositive. The Turner court stated that consideration of the merits would be improper where the issue raised on appeal was not dispositive, but then went on to do exactly that, affirming the lower court's judgment. The later case of Duckworth cites Turner for the proposition that the matter is jurisdictional.
We conclude that we must dismiss for lack of jurisdiction unless we determine that the issue was dispositive. If there is record evidence of a stipulation between the parties that the issue...
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Maxwell v. State, No. 5D04-4177.
...motion or a stipulation by the parties to that effect, we must dismiss for lack of jurisdiction.") (citation omitted); Weber v. State, 492 So.2d 1166, 1167 (Fla. 4th DCA 1986) ("If there is record evidence of a stipulation between the parties that the issue was dispositive, then we can reac......
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Everett v. State, Nos. 86-2692
...(Fla.1981) (Brown does not foreclose a stipulation that question associated with confession can be dispositive); but see Weber v. State, 492 So.2d 1166 (Fla. 4th DCA 1986) (in absence of stipulation that issue would be dispositive, appellate court will not imply dispositiveness from trial c......
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Levine v. State, 00-383
...a guilty plea only if it is dispositive of the case. See Zambuto v. State, 731 So. 2d 46 (Fla. 4th DCA 1999); see also Weber v. State, 492 So. 2d 1166, 1167 (Fla. 4th DCA 1986); Fla. R. App. P. 9.140(b)(2)(A). "An issue is legally dispositive 'only if, regardless of whether the appellate co......
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Peña v. State, No. 4D04-2991 (FL 10/12/2005), No. 4D04-2991.
...this rule applies when there is "record evidence of a stipulation between the parties that the issue was dispositive." Weber v. State, 492 So. 2d 1166, 1167 (Fla. 4th DCA 1986) (citing Finney v. State, 420 So. 2d 639 (Fla. 3d DCA We conclude the denial of the motion to participate in Drug C......
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Maxwell v. State, No. 5D04-4177.
...motion or a stipulation by the parties to that effect, we must dismiss for lack of jurisdiction.") (citation omitted); Weber v. State, 492 So.2d 1166, 1167 (Fla. 4th DCA 1986) ("If there is record evidence of a stipulation between the parties that the issue was dispositive, then we can reac......
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Everett v. State, Nos. 86-2692
...(Fla.1981) (Brown does not foreclose a stipulation that question associated with confession can be dispositive); but see Weber v. State, 492 So.2d 1166 (Fla. 4th DCA 1986) (in absence of stipulation that issue would be dispositive, appellate court will not imply dispositiveness from trial c......
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Peña v. State, No. 4D04-2991 (FL 10/12/2005), No. 4D04-2991.
...this rule applies when there is "record evidence of a stipulation between the parties that the issue was dispositive." Weber v. State, 492 So. 2d 1166, 1167 (Fla. 4th DCA 1986) (citing Finney v. State, 420 So. 2d 639 (Fla. 3d DCA We conclude the denial of the motion to participate in Drug C......
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Peña v. State, No. 4D04-2991 (FL 7/27/2005), No. 4D04-2991.
...this rule applies when there is "record evidence of a stipulation between the parties that the issue was dispositive." Weber v. State, 492 So. 2d 1166 (Fla. 4th DCA 1986) (citing Finney v. State, 420 So. 2d 639 (Fla. 3d DCA We conclude the denial of the motion to participate in Drug Court i......