County Criminal Court: APPELLATE PROCEDURE – Jurisdiction – Appellate court did not have jurisdiction where appellant was attempting to appeal a non-dispositive, pre-trial ruling. Appeal dismissed. Jester v. State, No. CRC 05-30 APANO, (Fla. 6th Cir.App.Ct. November 17, 2006).

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

TROY JESTER

 

            Appellant,

 

v.                                                                                                                                           Appeal No. CRC 05-30 APANO

UCN522005AP00030XXXXCR

STATE OF FLORIDA

 

            Appellee.

___________________________/

 

 

ORDER DISMISSING APPEAL

 

            THIS MATTER is before the Court on Troy Jester’s appeal from a decision of the Pinellas County Court. The appellant is attempting to appeal the trial court’s Order Conditionally Granting State of Florida’s Motion in Limine to Include Testimony Regarding “Battered Spouse Syndrome.” The defendant entered a no contest to the battery charge, specifically reserving his right to appeal the trial court’s ruling on the motion in limine. Originally, the appellant attempted to have the Second DCA review the matter as an issue of great public importance; that court, however, declined to accept jurisdiction and forwarded the matter to this Court. After reviewing the record and briefs, this Court has come to the conclusion that it does not have jurisdiction to review the matter.

 The order to be reviewed is a non-dispositive, pre-trial ruling. The matter was not declared dispositive by the trial court. Indeed, it is not dispositive. The State can clearly prosecute the defendant regardless of the ruling on the evidentiary issue. Therefore, pursuant to Sloss v. State, 917 So.2d 941 (Fla. 5th DCA 2006), the above-styled appeal is dismissed. “Where an appeal is dismissed because the issue reserved for appeal is deemed not to be dispositive, the dismissal is without prejudice to the defendant’s right to move to withdraw his plea.” Id. at 942.

            THEREFORE IT IS ORDERED that the above-styled appeal is dismissed.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this ____ day of November, 2006.

 

 

                                                                        ______________________________

                                                                                    J. Thomas McGrady

                                                                                    Circuit Judge

 

 

 

 

 

                                                                        ______________________________

                                                                                    R. Timothy Peters

                                                                                    Circuit Judge

 

 

 

 

                                                                        ______________________________

                                                                                    John A. Schaefer

                                                                                    Circuit Judge

 

 

cc:        State Attorney

 

            Charles Monty, Esq.

 

            Judge Caddell