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Arnold v. State

District Court of Appeal of Florida, Second District
Feb 6, 1980
379 So. 2d 1003 (Fla. Dist. Ct. App. 1980)

Opinion

Nos. 79-755, 79-756.

February 6, 1980.

Appeal from the Circuit Court, Sarasota County, Robert E. Hensley, J.

Jack O. Johnson, Public Defender, David A. Davis and Douglas A. Lockwood, Asst. Public Defenders, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James S. Purdy, Asst. Atty. Gen., Tampa, for appellee.


The state charged Lawrence Arnold with armed robbery and burglary. Arnold pled nolo contendere reserving his right to appeal the trial court's denial of his motions to suppress his confessions. The trial court accepted Arnold's plea, adjudicated him guilty of both charges and sentenced him to concurrent fifteen year sentences. This timely appeal ensued.

Arnold also reserved the right to appeal the denial of his motions to suppress physical evidence seized in searches by the police. On appeal, however, he challenges only the denial of the motions to suppress his confessions. Hence, his contention concerning suppression of physical evidence is deemed abandoned. See Ungaro v. West Palm Beach Biltmore Apartments, Inc., 61 So.2d 642 (Fla. 1952).

Citing the supreme court's recent opinion in Brown v. State, 376 So.2d 382 (Fla. 1979), the state argues that this court has no jurisdiction to entertain Arnold's appeal on the merits because his confessions could not have been dispositive as a matter of law. We agree.

Accordingly, we dismiss this appeal and direct the trial court to allow Arnold 30 days from the date of our mandate to file a motion to withdraw his plea and set aside the judgment and sentence under the procedure outlined in Pittman v. State, No. 79-642 (Fla.2d DCA 1980).

GRIMES, C.J., and SCHEB and DANAHY, JJ., concur.


Summaries of

Arnold v. State

District Court of Appeal of Florida, Second District
Feb 6, 1980
379 So. 2d 1003 (Fla. Dist. Ct. App. 1980)
Case details for

Arnold v. State

Case Details

Full title:LAWRENCE ARNOLD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Feb 6, 1980

Citations

379 So. 2d 1003 (Fla. Dist. Ct. App. 1980)

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