Mitchell v. State, 351 So. 2d 1142 (Fla. 1st DCA 1977). · Go Syfert
Mitchell v. State, 351 So. 2d 1142 (Fla. 1st DCA 1977). Cases Citing This Book View Copy Cite
9 citation events across 2 distinct courts.
Strongest positive: Corraliza v. State (fladistctapp, 1980-12-16)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (rule) Corraliza v. State
Fla. Dist. Ct. App. · 1980 · confidence medium
The final orders under review which withhold adjudication and place the appellant on five years probation in this criminal cause are affirmed, save for the order imposing five years probation for the crime of petit theft in circuit court case no. 79-2411 which shall stand reversed, upon a holding that (a) the legal issue concerning the validity of the juvenile bindover order, which was sought to be preserved for appeal by the entry of appellant's nolo contendere plea below, is not dispositive of the case as a reversal thereof would not result in appellant's discharge from the cause but a reman…
James Allen MITCHELL
v.
STATE of Florida
No. FF-284.
District Court of Appeal of Florida, First District.
Nov 21, 1977.
351 So. 2d 1142
Salvatore D. Mollica, Asst. Public Defender, Gainesville, for appellant., Robert L. Shevin, Atty. Gen., and Richard W. Prospect, Asst. Atty. Gen., Tallahassee, for appellee.
Ervin, Mills, Smith.
Cited by 7 opinions  |  Published
SMITH, Judge.

An appeal from a judgment of conviction entered on a plea of guilty to possession of more than five grams of marijuana. Appellant, a juvenile, complains of the hearsay character of the evidence adduced against him in the circuit court waiver hearing which resulted in an order transferring appellant for this criminal prosecu[*1143] tion. Section 39.09(2), Florida Statutes (1975). The State urges that the asserted error was waived by appellant’s failure to appeal from the transfer order within 30 days. Section 39.14(1), Florida Statutes (1975); O’Brien v. Juvenile & Dom. Rel. Court of Dade Co., 161 So.2d 220 (Fla.3d DCA 1964) (involving a dependency adjudication). But a transfer order such as this contemplates further prosecution and is interlocutory. We need not decide whether the appeal apparently afforded from such an order by Section 39.14(1) is one of which we have jurisdiction, notwithstanding the absence of constitutional and rule provisions granting this court jurisdiction; but we do hold that any error in the antecedent juvenile proceedings may be complained of on proper appeal from an ensuing judgment of conviction. Here, however, appellant’s plea of guilty waived reliance on any such error. Williams v. State, 259 So.2d 753 (Fla.1st DCA 1972). There was no error in the trial court’s refusal to permit withdrawal of the guilty plea on account of the asserted ineffective assistance of counsel.

AFFIRMED.

MILLS, Acting C. J., and ERVIN, J., concur.