WILLIE JAMES BARNES, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIE JAMES BARNES, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
387 So. 2d 971
Florida District Court of Appeal, Fifth District (1980)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
By our opinion in this case dated March 12, 1980, we relinquished jurisdiction for a Commissioner of this court to take evidence and issue findings of fact. We have received and approved the Commissioner’s Report and based upon that report, it is determined the appellant is not entitled to belated appellate review.
IT IS SO ORDERED.
DAUKSCH, C. J., and COBB and FRANK D. UPCHURCH, Jr., JJ., concur.
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State v. Daley, 392 So. 2d 1327 (Fla. 1981)…ve automatic standing to challenge the legality of a search or seizure if he is charged with an offense that includes, as an element of that offense, possession of the seized material at the time of the contested search and seizure? Daley v. State, 387 So. 2d 971 (Fla. 4th D.C.A. 1980). Relying upon Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960), and United States v. Salvucci, 599 F. 2d 1094 (1st Cir. 1979), holding that the automatic standing rule announced in Jones was still the…
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Daley v. State, 398 So. 2d 840 (Fla. 4th DCA 1981)…DOWNEY, Judge. I On May 21, 1980, this court entered a judgment with opinion reversing the judgments of conviction (entered pursuant to nolo contendere pleas) of the appellants. Daley v. State, 387 So. 2d 971 (Fla. 4th DCA 1980). In addition, we certified to the Supreme Court of Florida, as being one of great public importance, the question whether a defendant had automatic standing to challenge the legality of a search or seizure if he is charged with a…
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Aracelio Morejon and Ramon Casal v. State, 431 So. 2d 315 (Fla. 3d DCA 1983)…ch, 561 F. 2d 1160 (5th Cir.1977), aff’g 414 F.Supp. 1346 (S.D.Fla.1976); Dedmon v. State, 400 So. 2d 1042 (Fla. 1st DCA 1981); State v. Parker, 399 So. 2d 24 (Fla. 3d DCA), petition for review denied, 408 So. 2d 1095 (Fla.1981); cf. Daley v. State, 387 So. 2d 971 (Fla. 4th DCA 1980), remanded, 392 So. 2d 1327 (Fla. 1981); see generally Rizzo v. State ex rel. City of Pompano Beach, 396 So. 2d 869 (Fla. 4th DCA 1981); State v. Francoeur, supra. Once legally inside the house, the officers were entitled to seize…