State ex rel. Albano v. Nelson

SMITH, Acting Chief Judge.

Albano’s petition for writ of prohibition contests the trial court’s power to proceed in this criminal prosecution otherwise than by pronouncing judgment and sentence upon Albano’s plea of nolo contendere, tendered on condition that suppression issues be preserved for appeal. The trial court accepted the tendered plea, so conditioned, but later rejected the plea after inspecting the presentence investigation report, and undertook to require Albano to plead unconditionally. We consider that, for the reasons stated in State ex rel. Wilhoit v. Wells, 356 So.2d 817 (Fla.…