Banks v. State

District Court of Appeal of Florida

Banks v. State

467 So. 2d 386, 10 Fla. L. Weekly 775, 1985 Fla. App. LEXIS 15252

CourtDistrict Court of Appeal of Florida

DecidedMarch 21, 1985

DocketNo. 84-1120

StatusPublished

Cited by3 cases

This text of 467 So. 2d 386 (Banks v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. State, 467 So. 2d 386, 10 Fla. L. Weekly 775, 1985 Fla. App. LEXIS 15252 (Fla. Ct. App. 1985).

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Opinion

ORFINGER, Judge.

Charged with second degree grand theft, appellant entered a plea of nolo contendere to the lesser crime of petty theft after a motion to suppress evidence was denied. He appeals the judgment and sentence entered upon that plea. We dismiss the appeal because the record does not reflect that at the time the plea was entered there was any reservation of the right to appeal a dispositive and specifically identified ruling of the trial court. Without such reservation, we have no jurisdiction. Fla.R. App.P. 9.140(b)(1); S.C. v. State, 388 So.2d 643 (Fla. 5th DCA 1980).

APPEAL DISMISSED.

DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur.

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ORFINGER, Judge.

Charged with second degree grand theft, appellant entered a plea of nolo contendere to the lesser crime of petty theft after a motion to suppress evidence was denied. He appeals the judgment and sentence entered upon that plea. We dismiss the appeal because the record does not reflect that at the time the plea was entered there was any reservation of the right to appeal a dispositive and specifically identified ruling of the trial court. Without such reservation, we have no jurisdiction. Fla.R. App.P. 9.140(b)(1); S.C. v. State, 388 So.2d 643 (Fla. 5th DCA 1980).

APPEAL DISMISSED.

DAUKSCH and FRANK D. UP-CHURCH, Jr., JJ., concur.

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Bluebook (online)

467 So. 2d 386, 10 Fla. L. Weekly 775, 1985 Fla. App. LEXIS 15252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-state-fladistctapp-1985.

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