Werner v. State
This text of 828 So. 2d 499 (Werner 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.
Opinion
Orientus WERNER, Appellant,
v.
The STATE of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GERSTEN, and GREEN, JJ.
PER CURIAM.
Orientus Werner ("defendant") appeals the denial of his motion to suppress statements he made to the police. The defendant attempted to preserve his right to appeal the trial court's order. However, as both sides stipulated, the defendant does not have a right to appeal because the issue is not dispositive. See Seabrook v. State, 620 So.2d 227 (Fla. 3d DCA 1993). The appeal is dismissed without prejudice to the defendant's right to withdraw the plea and for relief under Florida Rule of Criminal Procedure 3.850. See Sharpe v. State, 589 So.2d 964 (Fla. 3d DCA 1991); Roob v. State, 572 So.2d 1022 (Fla. 3d DCA 1991).
Appeal dismissed.
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828 So. 2d 499, 2002 WL 31374626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werner-v-state-fladistctapp-2002.