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Scott v. State

District Court of Appeal of Florida, Fourth District
Nov 16, 2005
913 So. 2d 1269 (Fla. Dist. Ct. App. 2005)

Opinion

No. 4D04-4698.

November 16, 2005.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cynthia Imperato, Judge; L.T. Case No. 03-8221 CF10A.

Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.


Affirmed. See Robinson v. State, 373 So.2d 898 (Fla. 1979); Prince v. State, 885 So.2d 967, 968 (Fla. 4th DCA 2004) ("Absent an express reservation of the right to appeal, a defendant may not appeal from a judgment entered pursuant to a nolo contendere plea.").

However, we remand the case to the trial court with directions for it to re-enter, nunc pro tunc, the judgment and mitigated sentences it entered on December 3, 2004, after the appellant's filing of his notice of appeal had divested the trial court of jurisdiction.

FARMER, SHAHOOD and GROSS, JJ., concur.


Summaries of

Scott v. State

District Court of Appeal of Florida, Fourth District
Nov 16, 2005
913 So. 2d 1269 (Fla. Dist. Ct. App. 2005)
Case details for

Scott v. State

Case Details

Full title:Tyrone SCOTT, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 16, 2005

Citations

913 So. 2d 1269 (Fla. Dist. Ct. App. 2005)