Summary
dismissing appeal where both parties conceded the issue reserved was not dispositive, but allowing appellant to seek relief under rule 3.850
Summary of this case from Hicks v. StateOpinion
Case No. 3D02-965
Opinion filed October 23, 2002.
An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Lower Tribunal No. 98-17219d.
Bennett H. Brummer, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and GERSTEN, and GREEN, JJ.
Orientus Werner ("defendant") appeals the denial of his motion to suppress statements he made to the police. The defendant attempted to preserve his right to appeal the trial court's order. However, as both sides stipulated, the defendant does not have a right to appeal because the issue is not dispositive. See Seabrook v. State, 620 So.2d 227 (Fla.3d DCA 1993). The appeal is dismissed without prejudice to the defendant's right to withdraw the plea and for relief under Florida Rule of Criminal Procedure 3.850. See Sharpe v. State, 589 So.2d 964 (Fla.3d DCA 1991); Roob v. State, 572 So.2d 1022 (Fla.3d DCA 1991).
Appeal dismissed.