Russell v. State, 266 So. 3d 880 (2019)

March 29, 2019 · District Court of Appeal of Florida, Fifth District · Case No. 5D18-1470

266 So. 3d 880

William E. RUSSELL, Jr., Appellant,
v.
STATE of Florida, Appellee.

Case No. 5D18-1470

District Court of Appeal of Florida, Fifth District.

Opinion filed March 29, 2019

James S. Purdy, Public Defender, David M. Dixon, and Nancy Ryan, Assistant Public Defenders, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah A. Chance, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

In this Anders¹ appeal, William E. Russell, Jr., appeals the judgment and sentence entered after he pled, with the assistance of counsel, no contest to burglary of a dwelling. Although we affirm, one issue merits discussion. Russell did not expressly reserve the right to appeal the denial of a motion to suppress his post- Miranda² statements, nor was there a finding by the court that the suppression issue was dispositive of the case. See Fla. R. App. P. 9.140(b)(2)(A) (providing that defendant may not appeal from no contest plea except where defendant "expressly reserve[s] the right to appeal a prior dispositive order of the lower tribunal"). As such, we affirm without prejudice for Russell to timely seek postconviction relief on the suppression issue.

AFFIRMED.

EVANDER, C.J., EDWARDS and SASSO, JJ., concur.

1 See Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

2 See Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).