Sharpe v. State

Full title: BAULDY A. SHARPE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 19, 1991

589 So. 2d 964 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-1712.

November 19, 1991.

Appeal from the Circuit Court, Dade County, Richard Margolius, J.

Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.

PER CURIAM.

The denial of a motion to disclose the identity of a confidential informant, which was arguably sought to be preserved for appellate review by the appellant's nolo plea, is not a dispositive order. The appeal is therefore dismissed, Roob v. State, 572 So.2d 1022 (Fla. 3d DCA 1991), without prejudice to an application for withdrawal of the plea. Roob, 572 So.2d at 1023; cf. Gibson v. State, 386 So.2d 588 (Fla. 3d DCA 1980) (plea ordered withdrawn when, unlike this case, it was clear all parties relied on appealability of order).

Appeal dismissed.