EDGAR NUNEZ
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant who enters a guilty or nolo contendere plea cannot appeal a pretrial order unless the issue was expressly reserved and the order is dispositive of the case.
[1] A defendant who enters a guilty or nolo contendere plea may appeal only a prior dispositive order of the trial court if the defendant expressly reserved the right to appe…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“An issue is dispositive only when it is clear that there will be no trial, regardless of the outcome of the appeal.”
Williams v. State standard for determining whether a reserved issue permits post-plea appeal
Nunez entered a guilty or nolo contendere plea in the circuit court. He attempted to appeal to the First District Court of Appeal.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Nolo Contendere Plea cases and more on FLexlaw
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
EDGAR NUNEZ, Appellant,
V.
STATE OF FLORIDA, Appellee.
No. 1D2025-0223
On appeal from the Circuit Court for Okaloosa County. David Oberliesen, Judge.
April 8, 2026
PER CURIAM.
AFFIRMED. See Fla. R. App. P. 9.140(b)(2)(A)(i) (providing that a defendant may not appeal after a guilty or nolo contendere plea except for an expressly reserved appeal of a “prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved”); Carroll v. State, 383 So. 3d 563, 567 (Fla. 1st DCA 2024) (reiterating that, after a guilty or no contest plea, a defendant may appeal only “if the issue is expressly reserved and dispositive"); Williams v. State, 134 So. 3d 975, 976 (Fla. 1st DCA 2012) (“An issue is dispositive only when it is clear that there will be no trial, regardless of the outcome of the appeal.").
BILBREY, NORDBY, and TREADWELL, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Glenn M. Swiatek of Criminal Defense Attorney, P.A., Crestview, for Appellant.
James Uthmeier, Attorney General, and Miranda L. Butson, Assistant Attorney General, Tallahassee, for Appellee.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nunez v. State (Fla. 1st DCA 2026)…g that a defendant may not appeal after a guilty or nolo contendere plea except for an expressly reserved appeal of a “prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved”); Carroll v. State, 383 So. 3d 563, 567 (Fla. 1st DCA 2024) (reiterating that, after a guilty or no contest plea, a defendant may appeal only “if the issue is expressly reserved and dispositive"); Williams v. State, 134 So. 3d 975, 976 (Fla. 1st DCA 2012) (“An issue is dispositive on…
Authorities Cited
- Renard Nealie Williams v. State, 134 So. 3d 975 (Fla. 1st DCA 2012)
- Nunez v. State (Fla. 1st DCA 2026)