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650 So. 2d 1035

Atkinson v. State

District Court of Appeal of Florida

Decided February 3, 1995

District Court of Appeal of Florida · decided 1995-02-03

Relies on 435 So. 2d 419 - Mitchell v. State

Decided 1995-02-03

DAUKSCH, Judge.

¶1This is an appeal from an order placing appellant on probation. Because appellant pleaded guilty to the charge he cannot “reserve the right” to appeal an order denying suppression of evidence. Mitchell v. State, 435 So.2d 419 (Fla. 5th DCA 1983). It appears, however, from the minutes of the court, that perhaps the trial judge permitted appellant to reserve the right to appeal after tendering his plea of guilty. We have no transcript of the plea proceedings, so we cannot tell if that is so. If it is, then appel*1036lant should be permitted to withdraw his plea of guilty and proceed to trial.

¶2APPEAL DISMISSED, REMANDED FOR FURTHER PROCEEDINGS.

HARRIS, C.J., and PETERSON, J., concur.
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