Legal Opinion · Dissent

Holden v. State

District Court of Appeal of Florida

Decided June 14, 2012No. 1D11-1828Published

1DissentSwanson, J.

I respectfully dissent.

In this case, Appellant entered a plea of no contest and sought to preserve for appeal his motion to suppress a purported confession as well as the trial court’s ruling on the admissibility of child hearsay. When a trial court receives a plea pursuant to Florida Rule of Criminal Procedure 3.172, and the defendant seeks to reserve a question of law for appeal, it is well settled that the trial court is obligated to determine the dispositive nature of the question or questions. Everett v. State, 535 So.2d 667 (Fla. 2d DCA 1988). The majority has concluded, in essence, as…

2Cases cited2 opinions

  1. Everett v. StateDistrict Court of Appeal of Florida · 1988
  2. Rust v. StateDistrict Court of Appeal of Florida · 1999

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