THE STATE OF FLORIDA, APPELLANT,

v.

RAMON LOPEZ, APPELLEE

Fla. 3d DCA | 1993-08-31

No. 93-621

Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ.

630 So. 2d 1133 Florida District Court of Appeal, Third District (1993) Positive Treatment

Cited by 4 cases

Topics

Certification Of Conflict Statements Motion To Suppress Statements Interlocutory Appeal

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Opinion of the Court

PER CURIAM.

Based on the authority of State v. DeConingh, 396 So. 2d 858 (Fla. 3d DCA 1981); State v. Clark, 384 So. 2d 687 (Fla. 4th DCA), rev. denied, 392 So. 2d 1372 (Fla.1980); and State v. Ferguson, 405 So. 2d 294 (Fla. 4th DCA 1981), we grant the state’s motion to dismiss the defendant’s cross appeal and hold that where, as here, the state takes an interlocutory appeal from an order granting in part a defendant’s motion to suppress certain statements made by the defendant to the police, Art. V, § 4(b)(1), Fla.Const.; Fla. R.Crim.P. 9.140(c)(1)(B), this court has no jurisdiction to entertain a cross appeal by the defendant from that portion of the order under review which denies in part the defendant’s above-stated motion to suppress. See also State v. Williams, 444 So. 2d 434, 438 n. 6 (Fla. 3d DCA 1983); State v. Roberts, 415 So. 2d 796 n. 3 (Fla. 3d DCA 1982).

We certify, however, that this decision is in conflict with State v. McAdams, 559 So. 2d 601 (Fla. 5th DCA 1990) (en banc), and State v. Waterman, 613 So. 2d 565 (Fla. 2d DCA 1993), so as to permit further review of this decision by the Florida Supreme Court pursuant to Article V, Section 3(b)(4) of the Florida Constitution. Upon the defendant’s representation that such review will be sought, we stay the state’s interlocutory appeal until the issue is finally resolved by the Florida Supreme Court.

Cross appeal dismissed; conflict certified; appeal stayed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Lopez v. State, 638 So. 2d 931 (Fla. 1994)

…GRIMES, Chief Judge. We review State v. Lopez, 630 So. 2d 1133 (Fla. 3d DCA 1993), in which the court certified that its decision was in conflict with State v. McAdams, 559 So. 2d 601 (Fla. 5th DCA 1990), and State v. Waterman, 613 So. 2d 565 (Fla. 2d DCA 1993). We have jurisdiction under article V, section 3(b…
State v. Lopez, 658 So. 2d 569 (Fla. 3d DCA 1995)

…eal, so as to permit further review on the issue in the Florida Supreme Court, and stayed the entire appeal upon the defendant’s representation that he would seek further review in the Florida Supreme Court, which in fact was sought. State v. Lopez, 630 So. 2d 1133 (Fla. 3d DCA 1993). Subsequently, the Florida Supreme Court quashed our order dismissing the defendant’s cross appeal and held, in effect, that we had jurisdiction to entertain the cross appeal. Lopez v. State, 638 So. 2d 931 (Fla.1994) (“[W]e hold…

Authorities Cited

State v. McADAMS, 559 So. 2d 601 (Fla. 5th DCA 1990)
State v. Clark, 384 So. 2d 687 (Fla. 4th DCA 1980)
Cantor v. Matozzo, 444 So. 2d 434 (Fla. 4th DCA 1983)
State v. Ferguson, 405 So. 2d 294 (Fla. 4th DCA 1981)
State v. Roberts, 415 So. 2d 796 (Fla. 3d DCA 1982)
Pierce v. State, 396 So. 2d 858 (Fla. 3d DCA 1981)
State v. DeCONINGH, 396 So. 2d 858 (Fla. 3d DCA 1981)
State v. Waterman, 613 So. 2d 565 (Fla. 2d DCA 1993)

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