Humphrey v. StateHumphrey v. State
- Reporters:
- ,
- Before:
- Kelly, Silberman, Northcutt
Edwin Humphrey pleaded nolo contendere to carjacking, kidnapping, and armed robbery, reserving the right to appeal the denial of his motion to suppress his confession. The trial court never determined whether the motion was dispositive. In this appeal, Humphrey acknowledges that in the absence of such a finding, he cannot appeal the denial of his motion to suppress. He contends that as a result, he did not get the “benefit” he bargained for when he entered his plea and requests that we remand the case to the trial court with instructions that it either find the motion dispositive or allow him to withdraw his plea.
Although typically it is the trial court‘s duty to determine whether an issue is dispositive of the case for purposes of the right to appeal, Moore v. State, 647 So.2d 326 (Fla. 2d DCA 1994); Everett v. State, 535 So.2d 667 (Fla. 2d DCA 1988), this court has on occasion in the interest of judicial economy made that determination itself. In this case, it is evident that Humphrey‘s motion was not dispositive, and he virtually concedes as much in his brief. Accordingly, we affirm Humphrey‘s judgment and sentence.
Humphrey next contends that we should direct the trial court to allow him to withdraw his plea. However, Humphrey failed to preserve the issue of the voluntariness
Affirmed.
SILBERMAN, J., Concurs in result only.
NORTHCUTT, J., Concurs.