FRANK BERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1980-01-02
No. 78-2189/T4-242
DAUKSCH, C. J., and SHARP, J., concur.
378 So. 2d 1303 Florida District Court of Appeal, Fifth District (1980) Positive Treatment
Cited by 2 cases

Opinion of the Court
COBB, Judge.

COBB, Judge.

This appeal is from a conviction of burglary of a dwelling and grand theft based on entry of a nolo contendere plea with reservation of right to appeal the trial court’s denial of appellant’s motion to suppress inculpatory statements. This cause is remanded to give appellant the opportunity to withdraw his plea of nolo contendere and plead anew if he so desires. See Rouch v. State, 378 So. 2d 1302 (Fla. 5th DCA 1980); Brown v. State, 376 So. 2d 382 (Fla.1979).

REMANDED.

DAUKSCH, C. J., and SHARP, J., concur.


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Cited By

  • Sonney Heath v. State, 379 So. 2d 194 (Fla. 5th DCA 1980)
    …is remanded to the Circuit Court for the purpose of affording the appellant the opportunity of withdrawing his plea of nolo contendere, and pleading anew, if he so desires. See Rouch v. State, 378 So. 2d 1302 (Fla. 5th DCA 1980); and Berry v. State, 378 So. 2d 1303 (Fla. 5th DCA 1980). REMANDED TO TRIAL COURT. DAUKSCH, C. J., and UPCHURCH, J., concur.…

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