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McCowen v. State

District Court of Appeal of Florida, Third District
Apr 8, 1980
381 So. 2d 284 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-237.

March 4, 1980. Rehearing Denied April 8, 1980.

Appeal from Circuit Court, Dade County; Wilkie D. Ferguson, Jr., Judge.

Bennett H. Brummer, Public Defender and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Susan Minor, Asst. Atty. Gen., for appellee.

Before HENDRY and SCHWARTZ, JJ., and VANN, HAROLD R., (Ret.), Associate Judge.


The defendant-appellant pled nolo contendere to charges of second-degree murder, kidnapping and robbery. Although she reserved her right to appeal the denial of her motion to suppress her confessions to the crimes, we are compelled to dismiss the appeal on the authority of the later-decided case of Brown v. State, 376 So.2d 382 (Fla. 1979). As also required by Brown, we direct that the defendant shall be granted the right, if she so desires, to withdraw her nolo plea and to plead anew.

Appeal dismissed.


Summaries of

McCowen v. State

District Court of Appeal of Florida, Third District
Apr 8, 1980
381 So. 2d 284 (Fla. Dist. Ct. App. 1980)
Case details for

McCowen v. State

Case Details

Full title:TAMMY SUE McCOWEN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Apr 8, 1980

Citations

381 So. 2d 284 (Fla. Dist. Ct. App. 1980)

Citing Cases

Gibson v. State

Under Brown v. State, 376 So.2d 382 (Fla. 1979), we are required to dismiss the appeal. As did the court in…