¶1The issue which appellant reserved for appeal at the time he made his plea of nolo contendere is not dispositive of the case. Therefore, his appeal is dismissed. Brown v. State, 376 So.2d 382 (Fla.1979). We note in passing that appellant’s sentence appears to be illegal under the rationale of Villery v. Florida Parole & Probation Commission, 396 So.2d 1107 (Fla.1980). If appellant wishes to raise this issue, he may do so by filing in the trial court a motion for post-conviction relief.
411 So. 2d 346
James v. State
District Court of Appeal of Florida
Decided March 24, 1982
District Court of Appeal of Florida · decided 1982-03-24
Relies on 396 So. 2d 1107 - Villery v. Florida Parole & Probation Com'n · 376 So. 2d 382 - Brown v. State
Decided 1982-03-24