HUNTER v. STATE

No. 89-02286.

583 So.2d 369 (1991)

Earl Dawson HUNTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 5, 1991.


Attorney(s) appearing for the Case

Lanette M. Green, Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellee.


PER CURIAM.

In this case the appellant insisted upon the unusual procedure of pleading nolo contendere to drug charges "reserving the right to make a motion to suppress." His plea was accepted and community control was imposed May 18, 1989, but the motion was not argued until July 21, and notice of appeal was not filed until August 11.

Without question the appeal is untimely if taken from judgment and sentence. Fla.R.App.P. 9.140(b)(2). The question thus arises...

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