Florida District Courts of Appeal, 2002

Miller v. State

Miller v. State
Florida District Courts of Appeal · Decided December 27, 2002 · Northcutt, Silberman, Whatley
835 So. 2d 1185; 2002 Fla. App. LEXIS 19228; 2002 WL 31875022 (Southern Reporter, Second Series)

Miller v. State

Opinion of the Court

NORTHCUTT, Judge.

Daniel Cly Miller pleaded nolo contende-re to two counts of aggravated child abuse and one count of neglect of a child after the court denied his motion to suppress a pre-Miranda confession. The court made a specific finding that its ruling was not dispositive. Therefore, Miller may not appeal the judgment on this ground. See § 924.051(4), Fla. Stat. (2001); Fla. R.App. P. 9.140(b)(2)(A)(I); Leonard v. State, 760 So.2d 114, 119 (Fla. 2000).

Likewise, Miller failed to preserve any error with respect to his sentence by filing a motion to correct sentencing error under Florida Rule of Criminal Procedure 3.800. See Leonard, 760 So.2d at 119.

Affirmed.

WHATLEY and SILBERMAN, JJ„ Concur.

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