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Alexander v. State

Alexander v. State, 399 So. 2d 110 (Fla. Dist. Ct. App. 1981)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 1, 1981
Docket
No. UU-381
Judges
Per Curiam
Citations
399 So. 2d 110

Opinion — Per Curiam

399 So.2d 110 (1981)

Grover Cleveland ALEXANDER, Jr., Appellant,

v.

STATE of Florida, Appellee.

No. UU-381.

District Court of Appeal of Florida, First District.

June 1, 1981.

Michael Allen, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Carolyn Snurkowski, Asst. Atty. Gen., for appellee.

PER CURIAM.

The record supports the trial court's ruling that appellant's confession was voluntary. The confession issue was legally preserved for review because the prosecutor and defense counsel stipulated before entry of appellant's nolo contendere plea that the ruling on the voluntariness of the confession was dispositive of the case. Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980). Upon entry of his nolo contendere plea, appellant also reserved the right to appeal the trial court's denial of his motion to suppress evidence seized during a warrantless search of the trunk of his car. However, the record contains no indication, in the form of stipulation or otherwise, that the ruling on that motion was dispositive of the case. Therefore, pursuant to Brown v. State, 376 So.2d 382 (Fla. 1979), that issue has not been properly preserved for review. Since appellant's plea was entered after finality of the Brown decision, he is not entitled to withdraw his plea even though he is unable to seek the full appellate review upon which his plea was conditioned. Hardison v. State, 385 So.2d 738 (Fla. 2d DCA 1980).

AFFIRMED.

McCORD, BOOTH and SHIVERS, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1982: 21983: 31984: 11989: 119822026peak 1983 · 3

Relies on it most ⓘ

  1. Turner v. State429 So. 2d 318 (Fla. Dist. Ct. App. 1983)
  2. Leisure v. State429 So. 2d 434 (Fla. Dist. Ct. App. 1983)
  3. Finney v. State420 So. 2d 639 (Fla. Dist. Ct. App. 1982)
  4. State v. Carr438 So. 2d 826 (Fla. 1983)
  5. Puccio v. State424 So. 2d 85 (Fla. Dist. Ct. App. 1982)
  6. Wright v. State547 So. 2d 258 (Fla. Dist. Ct. App. 1989)

Most recent

  1. Wright v. State547 So. 2d 258 (Fla. Dist. Ct. App. 1989)
  2. D.K.G. v. State460 So. 2d 549 (Fla. Dist. Ct. App. 1984)
  3. State v. Carr438 So. 2d 826 (Fla. 1983)
  4. Leisure v. State429 So. 2d 434 (Fla. Dist. Ct. App. 1983)
  5. Turner v. State429 So. 2d 318 (Fla. Dist. Ct. App. 1983)
  6. Puccio v. State424 So. 2d 85 (Fla. Dist. Ct. App. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Brown v. State, 376 So. 2d 382 (Fla. 1979) 166
Jackson v. State, 382 So. 2d 749 (Fla. Dist. Ct. App. 1980) 30
Hardison v. State, 385 So. 2d 738 (Fla. Dist. Ct. App. 1980) 12
Gaddy v. State, 399 So. 2d 110 (Fla. Dist. Ct. App. 1981) 1

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