Rouch v. State

District Court of Appeal of Florida

Rouch v. State

378 So. 2d 1302, 1980 Fla. App. LEXIS 15432

CourtDistrict Court of Appeal of Florida

DecidedJanuary 2, 1980

DocketNo. 78-489/T4-68

StatusPublished

Cited by2 cases

This text of 378 So. 2d 1302 (Rouch 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

Rouch v. State, 378 So. 2d 1302, 1980 Fla. App. LEXIS 15432 (Fla. Ct. App. 1980).

Pincite

Opinion

COBB, Judge.

This appeal is from a conviction of two counts of armed robbery based on a nolo contendere plea with reservation of right to appeal the trial court’s denial of appellant’s motion to suppress a confession.

In Brown v. State, 376 So.2d 382 (Fla.1979), the court cited the reasoning of the District Court of Appeal, Third District, “that under State v. Ashby, 245 So.2d 225 (Fla.1971), a conditional nolo plea is permissible only if the legal issue to be appealed is [1303]*1303dispositive of the case,” and held “that as a matter of law a confession may not be considered dispositive of the case for purposes of an Ashby nolo plea.”

Following the example of the supreme court in Brown, supra, this cause is remanded to the Circuit Court for Orange County to give appellant the opportunity to withdraw his plea of nolo contendere and plead anew if he so desires.

REMANDED.

DAUKSCH, C. J., and SHARP, J., concur.

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