Roger Dennis Churchill, Jr. v. State of Florida

219 So. 3d 14, 42 Fla. L. Weekly Supp. 451, 2017 WL 1366987, 2017 Fla. LEXIS 829
CourtSupreme Court of Florida
DecidedApril 13, 2017
DocketSC16-654
StatusPublished
Cited by10 cases

This text of 219 So. 3d 14 (Roger Dennis Churchill, Jr. v. State of Florida) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roger Dennis Churchill, Jr. v. State of Florida, 219 So. 3d 14, 42 Fla. L. Weekly Supp. 451, 2017 WL 1366987, 2017 Fla. LEXIS 829 (Fla. 2017).

Opinion

POLSTON, J..

Roger Dennis Churchill, Jr., seeks review of the decision of the Fifth District Court of Appeal in Churchill v. State, 169 So.3d 1260 (Fla. 5th DCA 2015), on the ground that it expressly and directly conflicts with a decision of. the Third District Court of. Appeal in Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982) (en banc), on a question of law. We have jurisdiction. See Art. V, § 3(b)(3), Fla. Const. For the reasons expressed below, we quash the Fifth District’s decision in Churchill and hold that, in appeals from a conditional no contest plea, the appellate court is bound by a stipulation that a pre-plea ruling by the trial court is dispositive of the case.

BACKGROUND

Following his arrest in Citrus County in July 2013, Churchill was charged with one count of conspiracy to manufacture methamphetamine, one count of manufacture of methamphetamine, and one count of pos *15 session.of a listed chemical. Prior to trial, Churchill filed a motion in limine seeking to exclude witness testimony about the identity of the substances found at the scene of his arrest, as well as the results from the chemical field tests performed on those substances. He argued that such evidence should be excluded because none of the witnesses listed by the State were qualified expert witnesses under the standard for scientific evidence in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), and section 90.702, Florida Statutes. The trial court denied the motion in limine, finding that the law enforcement officer who performed the chemical field tests and identified the methamphetamine was sufficiently qualified to testify as an expert witness.

Churchill subsequently entered an open plea of no contest on all charges. The trial court accepted the plea, and Churchill reserved his right to appeal the ruling on the motion in limine, which the State agreed was dispositive of the case. The trial court then adjudicated Churchill guilty and sentenced him to five years on the conspiracy count, a concurrent term of 15 years on the manufacture count, followed by a consecutive term of seven years for possession of a listed chemical.

Churchill filed a timely appeal in the Fifth District where he argued that the trial court erred in not excluding testimony and evidence about the results of the chemical field tests because such evidence failed to comply with the standard for admissibility in Daubert. Churchill, 169 So.3d at 1260 n.1. He did not challenge the trial court’s ruling that the law enforcement officer was qualified to testify about the identification of the methamphetamine. Id. The Fifth District declined to address the issue raised by Churchill, holding that “[bjecause the trial court’s order was not dispositive, it cannot be challenged on direct appeal.” Id. at 1260-61 (footnote omitted) (citing Fla. R.. App. P. 9.140(b)(2)(A)(i)). The Fifth District reasoned as follows:

Even though the State stipulated below that the trial court’s ruling was dis-positive, this Court is not bound to accept the State’s stipulation. See Ashley v. State, 611 So.2d 617, 618 (Fla. 2d DCA 1993) (finding that the attorneys and the trial court erred in their assumptions that the ruling on the motion in limine was dispositive, because the defendant could be brought to trial regardless of whether the appellate court affirmed or reversed the trial court’s ruling). Here, the stipulation was based on the exclusion of all of the deputy’s testimony, including his identification of the methamphetamine based on his training and experience. Churchill waived any argument as to this additional testimony by not raising it in his initial brief.

Id. at 1261 n.2. Accordingly, the Fifth District dismissed Churchill’s appeal for lack of jurisdiction. Id at 1261.

ANALYSIS

Churchill contends that the Fifth District erred in dismissing the appeal from his no contest plea for lack of jurisdiction because the appellate court was required to accept the parties’ stipulation that the trial court’s ruling on the motion in limine was dispositive of the case. We agree.

In 1971, this Court held that a defendant could enter a plea of no contest while reserving a question of law for appellate review. State v. Ashby, 245 So.2d 225, 228 (Fla. 1971). The Court concluded that this type of conditional plea was “not objectionable” because it “expedites resolution of the controversy and narrows the issues to be resolved.” Id. Eight years later, this *16 Court narrowed the scope of Ashby, holding that a conditional no contest plea “is permissible only when the legal issue to be determined on appeal is dispositive of the case.” Brown v. State, 376 So.2d 382, 384 (Fla. 1979). The Court reasoned that the policies underlying the decision in Ashby were “poorly served” and “thwarted” when a defendant was allowed to appeal nondis-positive rulings because the defendant would still face the prospect of trial even if he or she prevailed on appeal, which would prolong rather than expedite resolution of the case. Id.

In Brown, we identified three types of trial court decisions that would constitute dispositive legal issues: rulings on “[m]o-tions testing the sufficiency of the charging document, the constitutionality of a controlling statute, or the suppression of contraband for which a defendant is charged with possession.” Id. at 385. However, we held that a trial court’s ruling on a motion to suppress a confession was not dispositive of a case for purposes of a conditional no contest plea. Id, We explained that this decision was intended “to avoid a mini-trial on the sufficiency of the evidence in each case involving a confession” because “[s]uch a procedure would be unwieldy and time-consuming” for the trial courts. Id.

Subsequently, the First District applied Brown to the appeal of a trial court’s pre-plea determination that a defendant’s confession was admissible, holding that Brown did not preclude a stipulation by the parties that “the State has no case and would be unable to proceed with the prosecution without the confession.” Jackson v. State, 382 So.2d 749, 750 (Fla. 1st DCA 1980). Accordingly, the First District held that where such a stipulation exists, “the ruling on the admissibility of a confession would be ‘dispositive of the appeal.’ ” Id The First District then addressed the merits of the case and affirmed the trial court’s ruling. Id. This Court summarily affirmed the First District’s decision in Jackson. Jackson v. State, 392 So.2d 1324 (Fla. 1981).

Since Jackson, the district courts have been divided on the role of stipulations of dispositiveness in appeals from conditional no contest pleas. In Finney, the Third District granted a rehearing en banc to resolve an intra-district conflict on this point. 420 So.2d at 640-41. The defendant in Finney entered a no contest plea and reserved his right to appeal the denial of a motion to suppress evidence of stolen property and his identity as the perpetrator, which the State stipulated was disposi-tive of the case. Id. at 642. In reaching the merits of the appeal, the Third District relied on Jackson to determine that the trial court’s ruling on the motion to suppress was dispositive “by virtue of the stipulation.” Id.

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Bluebook (online)
219 So. 3d 14, 42 Fla. L. Weekly Supp. 451, 2017 WL 1366987, 2017 Fla. LEXIS 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roger-dennis-churchill-jr-v-state-of-florida-fla-2017.