Le Boss v. State
Following a no-contest plea reserving the right to appeal denial of his suppression motion, Le Boss argued the State had stipulated the issue was dispositive by signing the plea agreement. The First DCA held that merely signing a plea agreement containing a defendant's reservation of a suppression issue does not constitute a State stipulation of dispositiveness, and that such a stipulation must be clear and cannot be presumed from the agreement itself. Applying the actual dispositiveness test, the court found the State had ample independent evidence (eyewitness accounts, phone records, vehicle description) to proceed to trial even without the suppressed evidence, so the issue was not dispositive and the appeal was barred under section 924.051(4).
Key facts
- Le Boss entered a no-contest plea while reserving the right to appeal the trial court's denial of his motion to suppress evidence obtained from a warrantless entry onto his property.
- Le Boss argued the State had stipulated in the plea agreement that the suppression issue was dispositive, which would allow appellate review despite the conditional plea.
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Why it matters
This opinion is useful to criminal appellate practitioners because it clarifies that a plea agreement merely noting a defendant's reservation of an issue for appeal, even when signed by the prosecutor, does not by… — full analysis with a trial
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