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PHILLIPS v. STATE

No. 77-1152.

379 So.2d 1291 (1979)

Jeffrey A. PHILLIPS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 19, 1979.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Tatjana Ostapoff and Lorrie Robinson, Asst. Public Defenders, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and John D. Cecilian, Asst. Atty. Gen., West Palm Beach, for appellee.

MOORE, Judge.

Appellant entered a plea of nolo contendere to a charge of burglary, specifically reserving the right to appeal the denial of his motion to suppress his confession. Subsequently, in Brown v. State, 376 So.2d 382 (Fla. 1979), the court held that as a matter of law a confession may not be considered dispositive of the case for purposes of an Ashby nolo plea.1 The court...

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