Ross v. State

OPINION OF THE COURT

PETER D. WEBSTER, Circuit Judge.

OPINION ON APPEAL

Appellant, defendant below, appeals his conviction of driving under the influence, pursuant to Section 316.193(1), Florida Statutes (1989). The conviction followed a plea of nolo contendere, after the trial court *65orally denied defendant’s sworn motion to dismiss the information, made pursuant to Rule 3.190(c)(4), Florida Rules of Criminal Procedure. Defendant expressly reserved the right to seek review of the order denying his motion to dismiss, which motion the state agreed would have been dispositive, had it been granted.…