Hoff v. State

District Court of Appeal of Florida

Hoff v. State

466 So. 2d 1252, 10 Fla. L. Weekly 946, 1985 Fla. App. LEXIS 13438

CourtDistrict Court of Appeal of Florida

DecidedApril 12, 1985

DocketNo. 84-589

StatusPublished

Cited by1 cases

This text of 466 So. 2d 1252 (Hoff 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.

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Hoff v. State, 466 So. 2d 1252, 10 Fla. L. Weekly 946, 1985 Fla. App. LEXIS 13438 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

In this appeal appellant attacks the court’s refusal to suppress the seizure of [1253]*1253cocaine found in his possession. However, we dismiss the appeal because appellant failed to show that upon his plea of nolo contendere he reserved the right to appeal the denial of his motion to suppress. Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981).

In passing we note that the minutes of the criminal court book show that the court withheld adjudication of appellant and sentenced him to probation. The court issued an order withholding adjudication, but also issued a judgment and sentence adjudicating appellant guilty. Therefore, this dismissal is without prejudice to appellant’s filing a motion under Florida Rule of Criminal Procedure 3.800(a) seeking to have the judgment and sentence conformed to the disposition which the judge pronounced in open court. See Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).

RYDER, C.J., and GRIMES and LE-HAN, JJ., concur.

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PER CURIAM.

In this appeal appellant attacks the court’s refusal to suppress the seizure of [1253]*1253cocaine found in his possession. However, we dismiss the appeal because appellant failed to show that upon his plea of nolo contendere he reserved the right to appeal the denial of his motion to suppress. Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981).

In passing we note that the minutes of the criminal court book show that the court withheld adjudication of appellant and sentenced him to probation. The court issued an order withholding adjudication, but also issued a judgment and sentence adjudicating appellant guilty. Therefore, this dismissal is without prejudice to appellant’s filing a motion under Florida Rule of Criminal Procedure 3.800(a) seeking to have the judgment and sentence conformed to the disposition which the judge pronounced in open court. See Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).

RYDER, C.J., and GRIMES and LE-HAN, JJ., concur.

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466 So. 2d 1252, 10 Fla. L. Weekly 946, 1985 Fla. App. LEXIS 13438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoff-v-state-fladistctapp-1985.

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