SPEAR v. STATE (2000)

District Court of Appeal of Florida,Second District.

Steven A. SPEAR, Appellant, v. STATE of Florida, Appellee.

No. 2D99-3700.

Decided: December 27, 2000

James Marion Moorman, Public Defender, and Brad Permar, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Ann Pfeiffer Howe, Assistant Attorney General, Tampa, for Appellee.

Steven A. Spear appeals the trial court's order denying his motion to withdraw his plea. Although we affirm on all four issues raised by Spear, we issue this opinion to address two of Spear's arguments.

First, Spear argues that he should be allowed to withdraw his plea because the trial court did not find the motion to suppress dispositive in violation of his plea agreement. Although the transcript of the plea hearing reflects confusion regarding the trial court's finding on this issue, we conclude that the motion to suppress was dispositive. Therefore, Spear's argument is moot.

Second, Spear argues that he should be allowed to withdraw his plea because he was not informed that his eligibility for parole could be nullified by the Jimmy Ryce Act.¹ Because Spear did not raise this issue in his motion to withdraw plea, he has not preserved it for review. Accordingly, this argument is without merit.

Affirmed.

FOOTNOTES

1. Sections 394.910 to 394.931, Florida Statutes (1999), the Jimmy Ryce Act, provide for the civil commitment of sexually violent predators upon their release from prison.

PARKER, Judge.

PATTERSON, C.J., and BLUE, J., Concur.

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