Florida District Courts of Appeal, 1998

Johnson v. State

Johnson v. State
Florida District Courts of Appeal · Decided December 18, 1998 · Dauksch, Griffin, Thompson
722 So. 2d 271; 1998 Fla. App. LEXIS 15952; 1998 WL 880520 (Southern Reporter, Second Series)

Johnson v. State

Opinion of the Court

DAUKSCH, J.

Appellant seeks review of an order denying suppression of evidence. We affirm.

Because appellant apparently pleaded nolo contendere without reserving any right to appeal the order, it is at least questionable whether this court should assume jurisdiction. Appellant’s brief does not cite to the transcript of testimony so that we can determine whether appellant lawfully consented to the search; appellant asserts he did not. The reason appellant did not’ cite to the transcript of testimony is because there is none.

We have not had the benefit of a response from the attorney general because appellant *272did not serve his brief on that representative of the appellee. Given the lack of substantiation of appellant’s bare allegations, no response is necessary.

AFFIRMED.

GRIFFIN, C.J., and THOMPSON, J., concur.

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