County Criminal Court: CRIMINAL LAW-Search and Seizure/Stop- cases consolidated for purposes of this appeal-a defendant who pleads nolo contendere to a criminal offense waives the right to appeal the judgment entered on the plea except as to issues expressly reserved for review and a narrow range of issues relating to the validity plea and sentence- no evidence in either record that appellant entered the plea(s) of nolo contendere expressly reserving his right to appeal-Order affirmed. Miller v. State, No. 04-2782/04-2691CFAES (Fla. 6th Cir. App. Ct. January 14, 2005 ).

 

 

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA, IN AND FOR PASCO COUNTY

APPELLATE DIVISION

 

 

ROBERT WAYNE MILLER 

                        Appellant,

v.

 

STATE OF FLORIDA,                                               Case No: 04-2782/04-02691CFAES

                        Appellee.

________________________/

 

Appeal from Pasco County Court

 

County Judge Robert Cole

 

Joy K. Goodyear, Esq.

Attorney for Appellant

 

Office of the State Attorney

Attorney for Appellee

 

ORDER AND OPINION

 

            THIS MATTER is before the Court on Appellant, Robert Wayne Miller's, appeal of the trial court's order denying a Motion to Suppress in case number 04-2782 and a Motion to Suppress in case number 04-02691.[1]  We consolidate these cases for purposes of this opinion and affirm the decision of the trial court.  

            On August 27, 2003, appellant's vehicle was the subject of stop and he was subsequently arrested and charged with DUI in case number 04-2782 and arrested and charged with Possession of Drugs without a Prescription in case number 04-2691. Thereafter, Miller filed a motion to suppress the stop.  A hearing was held on Miller's motion to suppress and the motion was denied. 

            Appellant entered a plea of nolo contendere in both cases and appellant now appeals.  However, this Court can  find no evidence in either record that appellant entered the plea(s) of nolo contendere expressly reserving his right to appeal.  A defendant who pleads nolo contendere to a criminal offense waives the right to appeal the judgment entered on the plea except as to issues expressly reserved for review and a narrow range of issues relating to the validity plea and sentence. Section 924.06(3), currently provides that a defendant who pleads guilty or nolo contendere without reserving the right to appeal a legally dispositive issue has no right to appeal. See § 924.06(3), Fla. Stat. (2004). Section 924.051(4), Florida Statutes (2004), prohibits the right to appeal a judgment or sentence under the same circumstances.  State v. T.G.  800 So.2d 204, 206 -207 (Fla., 2001).  This principle is incorporated in Rule 9.140(b)(2) of the Florida Rules of Appellate Procedure.  Fla. R. App. P.  9.1409(b)(2)(A)(i) provides that a defendant who pleads nolo contendere "may expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with the particularity the point of law being reserved." See also Fla. R. Crim. P. 3.172(c).     

           

            IT IS THEREFORE ORDERED that the judgment is affirmed.

            DONE AND ORDERED in Chambers at New Port Richey, Pasco County, Florida this __ day of January,  2005.

                                                                                    ________________________

                                                                                     W. Lowell Bray, Circuit Judge

                                                                                    Primary Appellate Judge

 

                                                                                   

                                                                                   

           

 

                                                                                    ____________________

                                                                                    Daniel D. Diskey

                                                                                    Circuit Judge

 

                                                                                    ______________________

                                                                                    Stanley R. Mills

                                                                                    Circuit Judge

 

Copies furnished to:

Office of the Public Defender

Office of the State Attorney

 

 

 


[1] There was no answer brief filed by the State  in either case.