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Campbell v. State

District Court of Appeal of Florida, Fifth District
Aug 13, 1980
386 So. 2d 629 (Fla. Dist. Ct. App. 1980)

Summary

affirming without addressing nondispositive suppression issue

Summary of this case from Finney v. State

Opinion

No. 79-1720/T4-703.

August 13, 1980.

Appeal from Circuit Court, Seminole County; Volie A. Williams, Jr., Judge.

Richard L. Jorandby, Public Defender, and Polly M. Shull, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.


This is an appeal from a conviction after a nolo contendere plea in a robbery case. Appellant pleaded nolo contendere and specifically reserved the right to appeal the denial of a motion to suppress certain evidence seized without a warrant. We do not decide this issue on appeal because, even if we were to reverse the order denying the suppression, the state has other evidence and eye witness testimony with which to try the appellant. Thus the issue is not dispositive of the case.

This type of appeal falls within the dictates of Brown v. State, 376 So.2d 382 (Fla. 1979), and State v. Ashby, 245 So.2d 225 (Fla. 1971).

AFFIRMED.

DAUKSCH, C.J., and COBB and FRANK D. UPCHURCH, JJ., concur.


Summaries of

Campbell v. State

District Court of Appeal of Florida, Fifth District
Aug 13, 1980
386 So. 2d 629 (Fla. Dist. Ct. App. 1980)

affirming without addressing nondispositive suppression issue

Summary of this case from Finney v. State
Case details for

Campbell v. State

Case Details

Full title:RONALD EUGENE CAMPBELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Aug 13, 1980

Citations

386 So. 2d 629 (Fla. Dist. Ct. App. 1980)

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