Aybar v. State , 207 So. 3d 340 ( 2016 )

Third District Court of Appeal
State of Florida
Opinion filed November 23, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D15-1078
Lower Tribunal No. 10-34535
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Ricardo Aybar,
Appellant,
vs.
The State of Florida,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Dennis J.
Murphy, Judge.
Rasco Klock Perez Nieto, Hilton Napoleon, II, and Joseph P. Klock, Jr., for
appellant.
Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for appellee.
Before EMAS, FERNANDEZ and SCALES, JJ.
PER CURIAM.
The defendant, Ricardo Aybar, appeals the trial court’s order denying the
defendant’s motion to suppress his blood alcohol test results. The record does not
reflect a written order by the trial court finding that the suppression ruling would
be dispositive, nor is there a stipulation in the record that the ruling would be
dispositive. Consequently, this Court has no jurisdiction to review the matter, and
the appeal is dismissed. See Fla. R. App. P. 9.140(b)(2)A)(i)1; Williams v. State,
194 So. 3d 511 (Fla. 3d DCA 2016); Pena v. State, 913 So. 2d 1203, 1205 (Fla. 4th
DCA 2005) (stating “[b]ecause we have concluded that the order on appeal was
not dispositive and the exception to the rule does not apply, we have no
jurisdiction to reach the merits of this case.”).
Dismissed.
1 Florida Rule of Appellate Procedure 9.140(b)(2)(A)(i) states:
(A) Pleas. A defendant may not appeal from a guilty or nolo contendere plea
except as follows:
(i) Reservation of Right to Appeal. A defendant who pleads guilty or nolo
contendere may expressly reserve the right to appeal a prior dispositive
order of the lower tribunal, identifying with particularity the point of law
being reserved.
2