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Taby v. State

District Court of Appeal of Florida, Fourth District.
Nov 25, 2015
181 So. 3d 547 (Fla. Dist. Ct. App. 2015)

Opinion

No. 4D13–4227.

11-25-2015

Matthew TABY, Appellant, v. STATE of Florida, Appellee.

Jason M. Wandner of Jason M. Wandner, P.A., Miami Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.


Jason M. Wandner of Jason M. Wandner, P.A., Miami Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

Opinion

PER CURIAM.

After unsuccessfully moving to dismiss charges in the circuit court, appellant withdrew his guilty plea and pleaded nolo contendre to charges in return for a favorable sentence. Although appellant raises intriguing questions concerning the application of section 775.0847(2), Florida Statutes (2012), summary affirmance of the trial court is appropriate pursuant to Leonard v. State, 760 So.2d 114, 119 (Fla.2000) and Florida Rule of Appellate Procedure 9.315(a). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) allows a defendant to “expressly reserve the right to appeal a prior dispositive order of the lower tribunal.” The issue raised is not dispositive because a favorable ruling from us on the appeal would leave the defendant subject to prosecution of the charges under section 827.071(5)(a), Florida Statutes (2012). See Brown v. State, 376 So.2d 382, 384 (Fla.1979). The points raised on appeal are not among those allowed by Rule 9.140(b)(2)(A)(ii).

Affirmed.

GROSS, MAY and CONNER, JJ., concur.


Summaries of

Taby v. State

District Court of Appeal of Florida, Fourth District.
Nov 25, 2015
181 So. 3d 547 (Fla. Dist. Ct. App. 2015)
Case details for

Taby v. State

Case Details

Full title:Matthew TABY, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Nov 25, 2015

Citations

181 So. 3d 547 (Fla. Dist. Ct. App. 2015)