Gibson v. State

District Court of Appeal of Florida

Gibson v. State

386 So. 2d 588, 1980 Fla. App. LEXIS 17310

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 1980

DocketNo. 78-1683

StatusPublished

Cited by2 cases

This text of 386 So. 2d 588 (Gibson 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

Gibson v. State, 386 So. 2d 588, 1980 Fla. App. LEXIS 17310 (Fla. Ct. App. 1980).

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Opinion

PER CURIAM.

The defendant appeals from a conviction entered on a nolo plea, in which the right to review the denial of his motion to suppress his confessions was specifically reserved. Under Brown v. State, 376 So.2d 382 (Fla. 1979), we are required to dismiss the appeal. As did the court in Brown, however, we direct that, after remand, the defendant [589]*589shall be permitted to withdraw his plea and to plead anew, provided that the state does not establish that it has been prejudiced by the subsequent delay. See, Basten v. State, 382 So.2d 1362 (Fla. 2d DCA 1980); Pittman v.State, 382 So.2d 1227 (Fla. 2d DCA 1980); McCowen v. State, 381 So.2d 284 (Fla. 3d DCA 1980).

Appeal dismissed.

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PER CURIAM.

The defendant appeals from a conviction entered on a nolo plea, in which the right to review the denial of his motion to suppress his confessions was specifically reserved. Under Brown v. State, 376 So.2d 382 (Fla. 1979), we are required to dismiss the appeal. As did the court in Brown, however, we direct that, after remand, the defendant [589]*589shall be permitted to withdraw his plea and to plead anew, provided that the state does not establish that it has been prejudiced by the subsequent delay. See, Basten v. State, 382 So.2d 1362 (Fla. 2d DCA 1980); Pittman v.State, 382 So.2d 1227 (Fla. 2d DCA 1980); McCowen v. State, 381 So.2d 284 (Fla. 3d DCA 1980).

Appeal dismissed.

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Bluebook (online)

386 So. 2d 588, 1980 Fla. App. LEXIS 17310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-state-fladistctapp-1980.

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