Summary
recognizing that a stipulation to dispositiveness can confer jurisdiction
Summary of this case from Mattos v. StateOpinion
Case No. 4D01-4281
Opinion filed November 20, 2002
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin U. Mounts, Judge; L.T. No. 01-001728 CF A02.
Carey Haughwout, Public Defender, and David John McPherrin, Assistant Public Defender, West Palm Beach, for appellant.
Richard E. Doran, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.
White appeals from the denial of a motion to suppress his confession. Although White entered a nolo plea specifically reserving his right to appeal, the motion is not dispositive. See Fla.R.App.P. 9.140(b)(2)(A)(i) (2000); Brown v. State, 376 So.2d 382 (Fla. 1979); Weber v. State, 492 So.2d 1166 (Fla. 4th DCA 1986); Werner v. State, 2002 WL 31374626 (Fla. 3d DCA Oct. 23, 2002). In the absence of a dispositive motion or a stipulation by the parties to that effect, we must dismiss for lack of jurisdiction. See Weber, 492 So.2d at 1167.
DISMISSED.
KLEIN, STEVENSON and TAYLOR, JJ., concur.