MURPHY v. STATE

No. 84-2714.

464 So.2d 608 (1985)

James J. MURPHY, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

February 26, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Asst. Public Defender, for petitioner.

Jim Smith, Atty. Gen. and G. Bart Billbrough, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.


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...

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