Zambuto v. State, 98-0179.
| Decision Date | 17 March 1999 |
| Docket Number | No. 98-0179.,98-0179. |
| Citation | 731 So.2d 46 |
| Parties | Francesco ZAMBUTO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Charles W. Musgrove, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Sarah B. Mayer, Assistant Attorney General, West Palm Beach, for appellee.
Following his plea of guilty to attempting to obtain a controlled substance by fraud, Francesco Zambuto, the appellant, seeks to appeal the trial court's denial of his pre-trial motions seeking removal of his public defender and recusal of the trial judge. Despite Zambuto's attempts during the plea colloquy to reserve his right to appeal the rulings on these motions and the trial judge's statement to Zambuto that he "believe[d]" that Zambuto could reserve the right to appeal, we must dismiss this appeal.
Following a plea of guilty or nolo contendere, a defendant may "expressly reserve the right to appeal a prior dispositive order of the lower tribunal...." Fla. R.App. P. 9.140(b)(2)(A) (emphasis added); see also §§ 924.051(4), 924.06(3), Fla. Stat. (1997). An issue is legally dispositive "only if, regardless of whether the appellate court affirms or reverses the lower court's decision, there will be no trial of the case." Vaughn v. State, 711 So.2d 64, 65 (Fla. 1st DCA), review denied, 722 So.2d 195 (Fla. 1998). Neither of the rulings that Zambuto seeks to appeal is dispositive. See Duckworth v. State, 469 So.2d 913 (Fla. 1st DCA 1985)
( that ruling on motion for recusal not dispositive). Accordingly, we dismiss the instant appeal. Such dismissal, however, is without prejudice to Zambuto's right to file a motion in the lower court seeking to withdraw his plea. See Carlisle v. State, 687 So.2d 929 (Fla. 4th DCA 1997).
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Blalock v. State, No. 1D19-3398
...order, an involuntary plea if preserved by a motion to withdraw plea, and as otherwise provided by law); see also Zambuto v. State , 731 So. 2d 46, 46 (Fla. 4th DCA 1999) (finding that a ruling on a motion to recuse is not dispositive and citing Duckworth v. State , 469 So. 2d 913 (Fla. 1st......
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Levine v. State, 00-383
...of the case below. An issue is preserved for appeal on 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 dispo......
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Peña v. State, No. 4D04-2991 (FL 10/12/2005), 4D04-2991.
...decision, there will be no trial of the case.'" Levine v. State, 788 So. 2d 379, 380 (Fla. 4th DCA 2001) (quoting Zambuto v. State, 731 So. 2d 46, 46 (Fla. 4th DCA 1999)). An exception to this rule applies when there is "record evidence of a stipulation between the parties that the issue wa......