Miller v. State

Full title: DANIEL CLY MILLER, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Dec 27, 2002

835 So. 2d 1185 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 2D01-5031.

Opinion filed December 27, 2002. Rehearing Denied February 3, 2003.

Appeal from the Circuit Court for Pinellas County; Nancy Moate Ley, Judge.

Alex Reed Stavrou of Law Offices of Alex R. Stavrou, Tampa, for Appellant.

Richard E. Doran, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Daniel Cly Miller pleaded nolo contendere to two counts of aggravated child abuse and one count of neglect of a child after the court denied his motion to suppress a pre-Miranda confession. The court made a specific finding that its ruling was not dispositive. Therefore, Miller may not appeal the judgment on this ground. See § 924.051 (4), Fla. Stat. (2001); Fla.R.App.P. 9.140 (b)(2)(A)(I); Leonard v. State, 760 So.2d 114, 119 (Fla. 2000).

Likewise, Miller failed to preserve any error with respect to his sentence by filing a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800. See Leonard, 760 So.2d at 119.

Affirmed.

WHATLEY and SILBERMAN, JJ., Concur.