Gibson v. State

District Court of Appeal of Florida

Gibson v. State

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

District Court of Appeal of Florida·Decided August 5, 1980·No. No. 78-1683·Published·Cited by 2 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

386 So. 2d 588 (Gibson v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related