PEDRO LEAL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1982-10-15
No. 81-928
OTT, C.J., and HOBSON and RYDER, JJ., concur.
424 So. 2d 829 Florida District Court of Appeal, Second District (1982) Positive Treatment
Cited by 22 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Leal appeals from his convictions for trafficking in methaqualone and conspiracy, arguing that the trial court erred in denying suppression of certain physical evidence.

We adopt the reasoning and holding from our opinion in the appeal of appellant’s codefendant, tried separately, Juan Acebo. Acebo v. State, 415 So. 2d 909 (Fla. 2d DCA 1982). Holding there to be no error in the denial of suppression below, or otherwise, we affirm the convictions.

OTT, C.J., and HOBSON and RYDER, JJ., concur.


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  • State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989)
    …le high volume of drug trade near the school where the defendants were apprehended. It also passes the second prong because this sting was tailored to apprehend ongoing criminal activity, and is not outrageous as a matter of law. See Sarno v. State, 424 So. 2d 829 (Fla. 3d DCA 1982), pet. for rev. den., 434 So. 2d 888 (Fla.1983); Gonzalez v. State, 525 So. 2d 1005 (Fla. 3d DCA 1988). Defendant Burch, who was charged with selling cocaine within the one thousand foot zone, analogizes to Horsemen’s Benevolent a…
  • Antwain Gamble v. State, 644 So. 2d 1376 (Fla. 5th DCA 1994)
    …pinion or inference otherwise admissible is not objectionable because it includes an ultimate issue to be decided by the trier of fact.3 Thus, expert opinion concerning an ultimate fact is admissible in Florida, in a proper case. See Sarno v. State, 424 So. 2d 829 (Fla. 3d DCA 1982), rev. denied, 434 So. 2d 888 (Fla.1983). This was apparently the rule in Florida, even prior to adoption of the Evidence Code. See Sarno, 424 So. 2d at 836. In the federal courts, the rule is somewhat different and more limited.…
  • State v. Guerra, 455 So. 2d 1046 (Fla. 3d DCA 1984)
    …nson v. Brathwaite, supra. There is ample evidence in the record to support the findings. Consequently, the trial court’s resolution of the evidence will not be disturbed on appeal. State v. Garcia, 431 So. 2d 651 (Fla. 3d DCA 1983); Sarno v. State, 424 So. 2d 829 (Fla. 3d DCA), pet. for rev. denied, 434 So. 2d 888 (Fla.1983). Affirmed. . The factors to be considered in evaluating the likelihood of misidentification include the opportunity of the witness to view the criminal at the time of the crime, the wi…

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