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Jackson v. State

District Court of Appeal of Florida, First District
Mar 28, 1980
382 So. 2d 749 (Fla. Dist. Ct. App. 1980)
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Treatment

Summary

holding appellate court will treat appeal as involving a dispositive issue if the State stipulates to it

Summary of this case from Hicks v. State
See 6 Summaries

Opinion

No. NN-168.

March 28, 1980.

Appeal from the Circuit Court, Suwannee County, Wallace M. Jopling J.

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., for appellee.

ORDER ON MOTION FOR REHEARING

PER CURIAM.

Appellant asserts in his motion for rehearing or clarification that this court evidently overlooked Brown v. State, 376 So.2d 382 (Fla. 1979), in which the Supreme Court of Florida ruled that a conditional nolo contendere plea ( State v. Ashby, 245 So.2d 225 (Fla. 1971)), is permissible only if the legal issue to be appealed is dispositive of the case, and that "as a matter of law a confession may not be considered dispositive of the case" ( Brown, at 385) for purposes of an Ashby nolo plea.

The record presented to this court reveals a stipulation filed in the trial court in which both the State and the defense agreed that the State could not proceed with the prosecution of this case without the benefit of the confession as evidence. This court did not overlook Brown v. State, supra, but did consider it, and determined that the "dispositive effect" of a confession, as a matter of law, must be viewed in accordance with that decision. However, we do not consider that decision as precluding a stipulation, by the State and the defendant, such as we have in the record here, in which both sides agree that the State has no case and would be unable to proceed with the prosecution without the confession. Under these circumstances we concluded that the ruling on the admissibility of a confession would be "dispositive of the appeal". Having so considered it, we reviewed the appeal on the merits, and affirmed the ruling of the trial court.

Accordingly, the motion for rehearing and motion for rehearing en banc are denied.

ROBERT P. SMITH, Jr., LARRY G. SMITH and WENTWORTH, JJ., concur.

Summaries of

Jackson v. State

District Court of Appeal of Florida, First District
Mar 28, 1980
382 So. 2d 749 (Fla. Dist. Ct. App. 1980)

holding appellate court will treat appeal as involving a dispositive issue if the State stipulates to it

Summary of this case from Hicks v. State

In Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980), aff'd, 392 So. 2d 1324 (Fla. 1981), the State argued that the appellate court could not review a suppression issue because it was not dispositive.

Summary of this case from Hicks v. State

In Jackson v. State, 382 So. 2d 749 (Fla. 1st DCA 1980), aff'd, 392 So. 2d 1324 (Fla. 1981), the State argued that the appellate court could not review a suppression issue because it was not dispositive.

Summary of this case from Hicks v. State

In Jackson, the court concluded that a stipulation by the parties that the case could not be prosecuted without the confession enabled the ruling on the motion to suppress the confession to be dispositive of the case and thus one which could be preserved by a nolo contendere plea.

Summary of this case from A.E.K. v. State

In Jackson v. State, 382 So.2d 749 (Fla. 1st DCA 1980), aff'd, 392 So.2d 1324 (Fla. 1981), the court concluded that a stipulation by the parties that a case could not be prosecuted without the benefit of a confession, enabled the motion to suppress to be dispositive of the case.

Summary of this case from Finney v. State

In Jackson, the stipulation reflected the truth, that the matter was dispositive; here it does not. No longer do we contemplate a situation in which both parties agree that the state is unable to proceed as required by Jackson.

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

Jackson v. State

Case Details

Full title:FRANK JACKSON, JR., APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Mar 28, 1980

Citations

382 So. 2d 749 (Fla. Dist. Ct. App. 1980)

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