Jones v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL L. JONES, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________ ) Case No. 2D11-4920 Opinion filed September 18, 2013. Appeal from the Circuit Court for Hillsborough County; Manuel Lopez, Judge. Carl R. Hayes, Tampa, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. SILBERMAN, Judge. Michael L. Jones appeals his convictions and sentences, arguing that the trial court erred by denying his motion to suppress. We affirm because when Jones entered his guilty plea, the denial of his motion to suppress was not mentioned at the change of plea hearing or noted in the plea agreement; thus, he did not "expressly reserve the right to appeal a prior dispositive order of the lower tribunal, identifying with particularity the point of law being reserved." Fla. R. App. P. 9.140(b)(2)(A)(i); see also Leonard v. State, 760 So. 2d 114, 119 (Fla. 2000); Bonfiglio v. State, 57 So. 3d 990, 991 (Fla. 2d DCA 2011); M.N. v. State, 16 So. 3d 280, 282 (Fla. 2d DCA 2009) (en banc). Affirmed. NORTHCUTT and LaROSE, JJ., Concur. -2-

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