Public-domain · open source
OpenJurist

572 So. 2d 1022

Docket No. 89-2432.

Roob v. State

John Walter ROOB, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 15, 1991.

District Court of Appeal of Florida · decided 1991-01-15

Relies on 376 So. 2d 382 - Brown v. State · 420 So. 2d 639 - Finney v. State · 486 So. 2d 1356 - Morgan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-01-15

How this case has been cited

Cited by 6 later decisions — most recently June 2013

6 state decisions

30199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1*1023 Jose M. Insua, Bennett H. Brummer, Public Defender and Louis Campbell, Special Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen. and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and NESBITT and GERSTEN, JJ.

¶4PER CURIAM.

¶5The defendant pled nolo contendere with a purported reservation of the right to appeal from the trial court's denial of his motion for disclosure of a confidential informant. It is now agreed — and the parties did not stipulate otherwise below, cf. Finney v. State,420 So.2d 639 (Fla. 3d DCA 1982) — that the issue is non-dispositive, that it cannot thus be preserved for appellate review, and that this court therefore has no jurisdiction in this case. Brown v. State,376 So.2d 382 (Fla. 1979); Morgan v. State,486 So.2d 1356 (Fla. 1st DCA 1986). Accordingly, the appeal is dismissed. Because, however, the plea was taken in accordance with the universal, but incorrect, understanding below that an effective appeal could be entertained, we take this action specifically without prejudice to defendant's subsequent right to move to withdraw the plea and for relief under Florida Rule of Criminal Procedure 3.850. See Morgan,486 So.2d at 1366.

¶6Appeal dismissed.

/572/so2d/1022 · .json · Public domain