Legal Opinion · Dissent

Martinez v. State

District Court of Appeal of Florida

Decided October 5, 1982No. 80-1742Published

1DissentBaskin, Judge

As I indicated in my dissents in Finney v. State, 420 So.2d 639 (Fla. 3d DCA 1982) and Furr v. State, 420 So.2d 341 (Fla. 3d DCA 1982), I am unwilling to adopt the majority view because it disregards the supreme court decision in Brown v. State, 376 So.2d 382 (Fla.1979), which holds that an issue must be dispositive before an appellate court may accept review. If reversal of any of the issues reserved would permit the state to proceed to trial, the questions presented cannot be disposi-tive, and the defendant was misled into entering his plea with the understanding that we would accept…

2Cases cited3 opinions

  1. Brown v. StateSupreme Court of Florida · 1979
  2. Finney v. StateDistrict Court of Appeal of Florida · 1982
  3. Furr v. StateDistrict Court of Appeal of Florida · 1982

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