Gary Leo Arena, Jr., Appellant, v. State of Florida, Appellee. (2023)

In this appeal from a nolo contendere plea, we dismiss for lack of jurisdiction that portion of the appeal challenging the trial court's denial of Appellant's request for a special jury instruction because it is not dispositive.¹ See Fla. R. App. P. 9.140(b)(2)(A)(i) (“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.” (emphasis added)). We affirm without comment the other issues raised on appeal.

DISMISSED IN PART AND AFFIRMED IN PART.

FOOTNOTES

1.   This case was transferred from the Fifth District Court of Appeal to this Court on January 1, 2023.

WOZNIAK, J.

MIZE and GANNAM, JJ., concur.