GARY LEO ARENA, JR.
v.
STATE OF FLORIDA

Fla. 6th DCA | 2023-12-08
No. 2023-1288
376 So. 3d 78 Florida District Court of Appeal, Sixth District (2023) Positive Treatment
Cited by 1 case


Opinion of the Court

WOZNIAK, J.

In this appeal from a nolo contendere plea, we dismiss for lack of jurisdiction that portion of the appeal challenging the trial court’s denial of Appellant’s request for a special jury instruction because it is not dispositive.1 See Fla. R. App. P. 9.140(b)(2)(A)(i) (“A defendant who pleads guilty or nolo contendere may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying

with particularity the point of law being reserved.” (emphasis added)). We affirm without comment the other issues raised on appeal. DISMISSED IN PART AND AFFIRMED IN PART.

MIZE and GANNAM, JJ., concur. Jonah Dickstein, of Dickstein Law, Tampa, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

Footnotes
1 This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

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