CRAIG T. MCCARTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CRAIG T. MCCARTY, APPELLANT,
STATE OF FLORIDA, APPELLEE
384 So. 2d 47
Florida District Court of Appeal, First District (1980)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
McCarty’s appeal, originally filed with that of Mary Ida Maddan Brown, see Brown v. State, 377 So. 2d 819 (Fla.App. 1979), was severed due to procedural problems and McCarty allowed to file separate briefs. The only issue presented by McCarty is whether the trial court erred in denying defendant’s motion to suppress evidence.
The underlying factual situation being the same as that presented in Brown, supra, this appeal is controlled by that decision.
Accordingly, McCarty’s conviction for possession of marijuana in excess of five grams is reversed and the cause remanded for proceedings consistent with this and the Brown decision.
McCORD, ROBERT P. SMITH, Jr. and LARRY G. SMITH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hall v. State, 397 So. 2d 1041 (Fla. 5th DCA 1981)…, without any effort to withdraw his plea, he promptly filed this appeal. He cannot appeal under these circumstances. Section 924.06(3), Florida Statutes (1979); Fla.R.App.P. 9.140(b); Robinson v. State, 373 So. 2d 898 (Fla.1979); Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980); Counts v. State, 376 So. 2d 59 (Fla.2d DCA 1979). The Public Defender’s motion to withdraw is granted and the appeal is DISMISSED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur.…
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Beasley v. State, 425 So. 2d 216 (Fla. 4th DCA 1983)…the circuit court’s judgment and sentence on one count of possession of cocaine is dismissed. Section 924-06(3), Florida Statutes (1981); Florida Rule of Appellate Procedure 9.140(b); Robinson v. State, 373 So. 2d 898 (Fla.1979); Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980) and Hall v. State, 397 So. 2d 1041 (Fla. 5th DCA 1981). The appeal from the circuit court’s order revoking probation is affirmed. State v. Profera, 239 So. 2d 867 (Fla. 4th DCA 1967). ANSTEAD, DELL and WALDEN, JJ., concur.…
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Wells v. State, 390 So. 2d 808 (Fla. 5th DCA 1980)…appeal; then, without any effort to withdraw his plea, he promptly filed this appeal. He cannot appeal under these circumstances. § 924.06(3), Fla. Stat. (1979); Fla.R.App.P. 9.140(b); Robinson v. State, 373 So. 2d 898 (Fla.1979); Cassiani v. State, 384 So. 2d 47 (Fla. 1st DCA 1980); Counts v. State, 376 So. 2d 59 (Fla. 2d DCA 1979). The Public Defender’s motion to withdraw is granted and the appeal is DISMISSED. COBB and FRANK D. UPCHURCH, Jr., JJ., concur.…
Authorities Cited
- Brown v. State, 377 So. 2d 819 (Fla. 1st DCA 1979)