Hoff v. State, 466 So. 2d 1252 (Fla. 2d DCA 1985). · Go Syfert
Hoff v. State, 466 So. 2d 1252 (Fla. 2d DCA 1985). Cases Citing This Book View Copy Cite
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Strongest positive: Darling v. State (fladistctapp, 1991-04-03)
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Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See Hoff v. State, 466 So.2d 1252 (Fla. 2nd DCA 1985).
Richard Alan HOFF
v.
STATE of Florida
No. 84-589.
District Court of Appeal of Florida, Second District.
Apr 12, 1985.
466 So. 2d 1252
Dennis J. Rehak, Fort Myers, for appellant., Jim Smith, Atty. Gen., Tallahassee, and William E. Taylor, Asst. Atty. Gen., Tampa, for appellee.
Grimes, Han, Ryder.
Cited by 1 opinion  |  Published
PER CURIAM.

In this appeal appellant attacks the court’s refusal to suppress the seizure of[*1253] cocaine found in his possession. However, we dismiss the appeal because appellant failed to show that upon his plea of nolo contendere he reserved the right to appeal the denial of his motion to suppress. Skinner v. State, 399 So.2d 1064 (Fla. 5th DCA 1981).

In passing we note that the minutes of the criminal court book show that the court withheld adjudication of appellant and sentenced him to probation. The court issued an order withholding adjudication, but also issued a judgment and sentence adjudicating appellant guilty. Therefore, this dismissal is without prejudice to appellant’s filing a motion under Florida Rule of Criminal Procedure 3.800(a) seeking to have the judgment and sentence conformed to the disposition which the judge pronounced in open court. See Yates v. State, 429 So.2d 815 (Fla. 2d DCA 1983).

RYDER, C.J., and GRIMES and LE-HAN, JJ., concur.