Matthew Taby v. State of Florida

181 So. 3d 547, 2015 Fla. App. LEXIS 17902, 2015 WL 7544961

• Court: District Court of Appeal of Florida
• Decided: November 25, 2015
• Docket: 4D13-4227
• Status: Published

Opinion

PER CURIAM.

After unsuccessfully moving to dismiss charges in the circuit court, appellant withdrew his guilty plea and pleaded nolo con-tendré to charges in return for a favorable sentence. Although appellant raises intriguing questions concerning the application of section 775.0847(2), Florida Statutes (2012), summary affirmance of the trial court is appropriate pursuant to Leonard v. State, 760 So.2d 114, 119 (Fla.2000) and Florida Rule of Appellate Procedure 9.315(a). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) allows a defendant to “expressly reserve the right to appeal a prior dispositive order of the lower tribunal.” The issue raised is not dispositive because a favorable ruling from us on the appeal would leave the defendant subject to prosecution of the charges under section 827.071(5)(a), Florida Statutes (2012). See Brown v. State, 376 So.2d 382, 384 (Fla.1979). The points raised on appeal are not among those allowed by Rule 9.140(b)(2)(A)(ii).

Affirmed.

GROSS, MAY and CONNER, JJ., concur.