JAMES OLAN WOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES OLAN WOOD, APPELLANT,
STATE OF FLORIDA, APPELLEE
399 So. 2d 108
Florida District Court of Appeal, First District (1981)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant has appealed from the judgment entered upon his nolo contendere plea to second degree murder, contending that the trial court erred in denying his motion to suppress statements obtained from him during in-custody interrogation. Pursuant to Brown v. State, 376 So. 2d 382 (Fla.1979), appellant has not reserved a legally disposi-tive issue and, therefore, is not entitled to an appeal. Since appellant’s plea was entered well after finality of the Brown decision, his plea is hereby dismissed and appellant need not be afforded an opportunity to withdraw his plea.
McCORD, BOOTH and SHIVERS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boozer v. State, 402 So. 2d 585 (Fla. 5th DCA 1981)…lant ever had possession or used this firearm during the commission of the offense. Actual possession of a firearm is required to bring a defendant within the purview of section 775.087. Earnest v. State, 351 So. 2d 957 (Fla.1977); Johnson v. State, 399 So. 2d 108 (Fla. 1st DCA 1981); [1981 F.L.W. 1273]; McGowan v. State, 362 So. 2d 335 (Fla. 3d DCA 1978), overruled on other grounds, Freeman v. State, 382 So. 2d 1307 (Fla. 3d DCA 1980). The provisions of section 775.087 do not apply to this appellant. The s…
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Plant v. State, 407 So. 2d 966 (Fla. 1st DCA 1981)…tes, money, identification, and a subsequent confession as products of an unlawful stop, which motion was denied. He also challenged the confession as involuntary but waived that issue later, Brown v. State, 376 So. 2d 382 (Fla.1979); Wood v. State, 399 So. 2d 108 (Fla. 1st DCA 1981). Plant, unlike his co-defendant, Thomas, pled nolo reserving the right to appeal the suppression issue. The issue here is whether there was probable cause for the stopping of the automobile by Officer Mundy. The appellant relie…
Authorities Cited
- Brown v. State, 376 So. 2d 382 (Fla. 1979)