JEFFREY THOMAS FOXX, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial judge correctly declined to suppress cocaine found in an amber bottle under the plain view doctrine, and the judgment and sentence are affirmed.
Cocaine was found in an amber bottle in the defendant's car. The trial judge declined to suppress the evidence.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Concurrent Sentence Rule cases and more on FLexlaw
SCHWARTZ, Judge.
Under the “plain view” doctrine, the trial judge correctly declined to suppress the cocaine found in an amber bottle seen in and taken from the defendant’s car. On this issue, the facts are indistinguishable from those in State v. Hall, 376 So. 2d 276 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 637 (Fla.1980), which so held. Hence, the judgment and sentence of one year in the county jail for possession of cocaine, as charged in count one, is affirmed. Since the defendant received only concurrent sentences1 on each of the three remaining counts of the information, we need not address the propriety of the seizure of the other items of contraband involved in those charges. Jacobs v. State, 389 So. 2d 1054 (Fla. 3d DCA 1980).2
Affirmed.
. There is no eligibility for parole as to a one year county jail sentence, see § 947.16(1), Fla. Stat. (1979); Villery v. Florida Parole and Probation Commission (Fla.1980). It is therefore clear that the defendant can suffer no adverse collateral consequences from his convictions on counts two, three, and four, which might preclude the application of the concurrent sentence rule adopted in Jacobs, infra. .
. Our disposition of the remaining issues on this ground is not to be taken as an approval of the warrantless opening of a locked steel box found in the trunk of the vehicle. This was clearly improper. Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979); Cobb v. State, 378 So. 2d 82 (Fla. 3d DCA 1979), and cases cited.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jordan v. State, 143 So. 3d 335 (Fla. 2014)…ct below. It is so ordered. POLSTON, C.J., and PARIENTE, LEWIS, LABARGA, and PERRY, JJ., concur. CANADY, J., concurs in result. . This fact is evidenced by the Florida cases in which the doctrine has still been applied after 1970: Foxx v. State, 392 So. 2d 48 (Fla. 3d DCA 1981); Jacobs v. State, 389 So. 2d 1054 (Fla. 3d DCA 1980); Mathis v. State, 348 So. 2d 1221 (Fla. 3d DCA 1977). . The Third District’s analysis focused on the fact that Jordan was being resentenced on only one count, while his longer,…
-
Joe Council v. State, 442 So. 2d 1072 (Fla. 3d DCA 1983)…r to believe that the defendant was in possession of a controlled substance. Albo v. State, 379 So. 2d 648 (Fla.1980); In the Interest of P.L.R., 435 So. 2d 850 (Fla. 4th DCA 1983); State v. Byham, 394 So. 2d 1142 (Fla. 4th DCA 1981); Foxx v. State, 392 So. 2d 48 (Fla. 3d DCA 1981); Bush v. State, 369 So. 2d 674 (Fla. 3d DCA 1979); Skelton v. State, 349 So. 2d 193 (Fla. 3d DCA 1977).1 The warrantless search of [*1073] Council’s person which secured what indeed turned out to have been cocaine was therefore co…
-
Hill v. State, 456 So. 2d 975 (Fla. 3d DCA 1984)…PER CURIAM. Affirmed. See P.L.R. v. State, 455 So. 2d 363 (Fla.1984); J.F. v. State, 452 So. 2d 952 (Fla. 3d DCA 1984); Council v. State, 442 So. 2d 1072 (Fla. 3d DCA 1983); Foxx v. State, 392 So. 2d 48 (Fla. 3d DCA 1981); Adams v. State, 375 So. 2d 638 (Fla. 1st DCA 1979); Skelton v. State, 349 So. 2d 193 (Fla. 3d DCA 1977).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Arkansas v. Sanders, 442 U.S. 753 (U.S. 1979)
- Bart Jacobs v. State, 389 So. 2d 1054 (Fla. 3d DCA 1980)
- Antonio Muina, M.D. v. Sheriff OF Gulf Cnty., 376 So. 2d 276 (Fla. 1st DCA 1979)
- Cobb v. State, 378 So. 2d 82 (Fla. 3d DCA 1979)