Murphy v. State

SCHWARTZ, Chief Judge.

We conclude that the appellate division of the circuit court departed from the essential requirements of the law in dismissing the petitioner’s appeal from a county court judgment against him on a DUI charge. The basis of the ruling was that the appeal was unauthorizedly from a judgment entered on a guilty plea. See Fla.R. App.P. 9.140(b); Sec. 924.06(3), Fla.Stat. (1983).

The record shows, however, that, just as in A.E.K. v. State, 432 So.2d 720 (Fla. 3d DCA 1983), after the defendant’s attempt *609to preserve his right to review the denial of a motion to suppress through a…