Matthew Taby v. State of Florida, 181 So. 3d 547 (Fla. 4th DCA 2015). · Go Syfert
Matthew Taby v. State of Florida, 181 So. 3d 547 (Fla. 4th DCA 2015). Cases Citing This Book View Copy Cite
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Matthew TABY, Appellant,
v.
STATE of Florida, Appellee
4D13-4227.
District Court of Appeal of Florida, Fourth District.
Nov 25, 2015.
181 So. 3d 547
Jason M. Wandner of Jason M. Wand-ner, P.A., Miami Beach, for appellant., Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.
Gross, Conner.
Published
PER CURIAM.

After unsuccessfully moving to dismiss charges in the circuit court, appellant withdrew his guilty plea and pleaded nolo con-tendré to charges in return for a favorable sentence. Although appellant raises intriguing questions concerning the application of section 775.0847(2), Florida Statutes (2012), summary affirmance of the trial court is appropriate pursuant to Leonard v. State, 760 So.2d 114, 119 (Fla.2000) and Florida Rule of Appellate Procedure 9.315(a). Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) allows a defendant to “expressly reserve the right to appeal a prior dispositive order of the lower tribunal.” The issue raised is not dispositive because a favorable ruling from us on the appeal would leave the defendant subject to prosecution of the charges under section 827.071(5)(a), Florida Statutes (2012). See Brown v. State, 376 So.2d 382, 384 (Fla.1979). The points raised on appeal are not among those allowed by Rule 9.140(b)(2)(A)(ii).

Affirmed.

GROSS, MAY and CONNER, JJ., concur.