Michael v. Grimes v. State of Florida

ON MOTION FOR REHEARING, REHEARING EN BANC, AND CLARIFICATION

MAKAR, J.

We grant rehearing, withdraw our previous opinion, substitute this opinion, and affirm. Initially this appeal was dismissed without prejudice because we determined that the entrapment issue raised on appeal was not dispositive, thereby allowing Appellant to seek to withdraw his plea on remand. We did so on the basis of Morgan v. State, 486 So.2d 1356 (Fla. 1st DCA 1986), which holds that we have the power to independently review whether a motion is dispositive for purposes of establishing jurisdiction in this Court.

In…