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Zipperer v. State

Citations: 175 So. 3d 389; 2015 Fla. App. LEXIS 15159; 2015 WL 5920178Docket: No. 1D14-4105

Court: District Court of Appeal of Florida; October 12, 2015; Florida; State Appellate Court

Narrative Opinion Summary

David Zipperer appeals the dismissal of his pro se motion to withdraw his guilty plea for battery on a law enforcement officer. This motion mirrors one previously addressed in Zipperer v. State, No. 1D14-4101, where the court affirmed the trial court’s order. The current appeal is affirmed for the same reasons as the prior case. Judges Marstiller, Ray, and Swanson concur with the decision.

Legal Issues Addressed

Dismissal of Pro Se Motion to Withdraw Guilty Plea

Application: The court affirms the dismissal of David Zipperer's motion to withdraw his guilty plea for battery on a law enforcement officer, indicating consistency with a previous ruling on the same matter.

Reasoning: David Zipperer appeals the dismissal of his pro se motion to withdraw his guilty plea for battery on a law enforcement officer.

Judicial Concurrence in Appellate Decisions

Application: The concurring opinions of Judges Marstiller, Ray, and Swanson confirm the unanimous agreement on affirming the trial court's decision.

Reasoning: Judges Marstiller, Ray, and Swanson concur with the decision.

Precedential Effect of Prior Decisions

Application: The appeal is affirmed based on the precedent set in Zipperer v. State, No. 1D14-4101, illustrating the binding nature of prior appellate decisions on subsequent similar cases.

Reasoning: This motion mirrors one previously addressed in Zipperer v. State, No. 1D14-4101, where the court affirmed the trial court’s order.