Public-domain · open source
OpenJurist

399 So. 2d 110

Docket No. UU-381.

Alexander v. State

Grover Cleveland ALEXANDER, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 1981-06-01

Cited by 7 later decisions — most recently July 1989

7 state decisions

Key passage — most relied on by later courts

“Since appellant's plea was entered after finality of the Brown decision, he is not entitled to withdraw his plea even though he is unable to seek the full appellate review upon which his plea was conditioned.”

quoted by 1 later decision, including 429 So. 2d 318 - Turner v. State

Relies on 376 So. 2d 382 - Brown v. State · Jackson v. State · Hardison v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1981-06-01

View the full empirical analysis of this case →

¶1Michael Allen, Public Defender, and Louis G. Carres, Asst. Public Defender, for appellant.

¶2Jim Smith, Atty. Gen., and Carolyn Snurkowski, Asst. Atty. Gen., for appellee.

¶3PER CURIAM.

¶4The record supports the trial court's ruling that appellant's confession was voluntary. The confession issue was legally preserved for review because the prosecutor and defense counsel stipulated before entry of appellant's nolo contendere plea that the ruling on the voluntariness of the confession was dispositive of the case. Jackson v. State,382 So.2d 749 (Fla. 1st DCA 1980). Upon entry of his nolo contendere plea, appellant also reserved the right to appeal the trial court's denial of his motion to suppress evidence seized during a warrantless search of the trunk of his car. However, the record contains no indication, in the form of stipulation or otherwise, that the ruling on that motion was dispositive of the case. Therefore, pursuant to Brown v. State,376 So.2d 382 (Fla. 1979), that issue has not been properly preserved for review. Since appellant's plea was entered after finality of the Brown decision, he is not entitled to withdraw his plea even though he is unable to seek the full appellate review upon which his plea was conditioned. Hardison v. State,385 So.2d 738 (Fla. 2d DCA 1980).

¶5AFFIRMED.

¶6McCORD, BOOTH and SHIVERS, JJ., concur.

/399/so2d/110 · .json · Public domain