CARL PIERCE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1981-04-14
No. 80-49
Before HUBBART, C. J., and BASKIN and FERGUSON, JJ.
396 So. 2d 858 Florida District Court of Appeal, Third District (1981) Caution
Cited by 8 cases

Opinion of the Court
BASKIN, Judge.

BASKIN, Judge.

We affirm the trial court’s denial of defendant’s motion to suppress evidence seized from defendant’s motel room because the evidence supports the trial court’s finding that defendant had vacated the premises and that the landlord’s consent to search removed the requirement that a search warrant be obtained. Furthermore, the issue raised on appeal following defendant’s plea of no contest does not appear to be dispositive. Brown v. State, 355 So. 2d 138 (Fla. 3d DCA 1978), approved, 376 So. 2d 382 (Fla.1979).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lopez v. State, 638 So. 2d 931 (Fla. 1994)
    …al thereafter rendered several decisions which refused to permit a defendant to cross-appeal under similar circumstances. State v. Roberts, 415 So. 2d 796 (Fla. 3d DCA 1982); State v. Ferguson, 405 So. 2d 294 (Fla. 4th DCA 1981); State v. DeConingh, 396 So. 2d 858 (Fla. 3d DCA 1981); State v. Clark, 384 So. 2d 687 (Fla. 4th DCA), review denied, 392 So. 2d 1372 (Fla.1980). These decisions were premised explicitly or implicitly upon the rationale that such cross-appeals were not authorized by the appellate rule…
  • State v. Hipolito Barreiro, 432 So. 2d 138 (Fla. 3d DCA 1983)
    …h, which were either ruled on adversely to him or not considered by the trial court. It is clear that were this an appeal by the State, we would have no authority to review rulings adverse to the defendant by way of cross-appeal, State v. DeConingh, 396 So. 2d 858 (Fla.3d DCA 1981); State v. Clark, 384 So. 2d 687 (Fla. 4th DCA), rev. denied, 392 So. 2d 1372 (Fla. 1980), or, more subtly, reach these rulings by holding that the trial court was right for the wrong reasons, State v. Roberts, 415 So. 2d 796 (Fla.…
  • State v. Roberts, 415 So. 2d 796 (Fla. 3d DCA 1982)
    …United States Constitution. . We note that while the defendant claims error in this determination, we may not consider the contention in this proceeding either by way of cross-appeal (which the defendant correctly did not file), State v. DeConingh, 396 So. 2d 858 (Fla. 3d DCA 1981); State v. Clark, 384 So. 2d 687 (Fla. 4th DCA 1980), review denied, 392 So. 2d 1372 (Fla.1980), or as an argument that the trial court was “right for the wrong reason.” State v. Pratt, 386 So. 2d 1249 (Fla. 4th DCA 1980). . Rober…

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