Werner v. State, 828 So. 2d 499

PER CURIAM.

Orientus Werner (“defendant“) appeals the denial of his motion to suppress statements he made to the police. The defendant attempted to preserve his right to appeal the trial court‘s order. However, as both sides stipulated, the defendant does not have a right to appeal because the issue is not dispositive. See Seabrook v. State, 620 So.2d 227 (Fla. 3d DCA 1993). The appeal is dismissed without prejudice to the defendant‘s right to withdraw the plea and for relief under Florida Rule of Criminal Procedure 3.850. See Sharpe v. State, 589 So.2d 964 (Fla. 3d DCA 1991); Roob v. State, 572 So.2d 1022 (Fla. 3d DCA 1991).

Appeal dismissed.

Case Details

Case Name: Werner v. State

Court Name: District Court of Appeal of Florida

Date Published: Oct 23, 2002

Citations: 828 So. 2d 499; 2002 WL 31374626; 3D02-965

Docket Number: 3D02-965

Court Abbreviation: Fla. Dist. Ct. App.