ROBIN LYNN BARKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The appellant was charged with one count of grand theft and one count of trespass. A motion to suppress physical evidence and the statements given to the arresting police officers was filed. The trial court denied the motion to suppress without granting a hearing on the motion. This procedure was objected to by defense counsel. Thereafter, appellant entered a plea of nolo contendere specifically reserving the right to appeal denial of the motion to suppress without a hearing. Florida Rule of Criminal Procedure 3.190(h) and (i) governs motions to suppress. We conclude that the court erred in failing to grant a hearing in this matter. The conviction is thus reversed and the matter remanded to the trial court for further proceedings.
REVERSED AND REMANDED.
ANSTEAD, C.J., and BERANEK and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Prince v. State, 461 So. 2d 1015 (Fla. 4th DCA 1984)…ial judge’s departure from the sentencing guidelines when he sentenced appellant on two counts of burglary. In 1983 Prince appealed from his conviction of the underlying burglaries. This court reversed and remanded for a new trial. Prince v. State, 438 So. 2d 1014 (Fla. 4th DCA 1983). Between reversal and retrial, appellant committed and was convicted of two other offenses. On retrial the jury again found him guilty of the initial burglary charges. Appellant elected sentencing according to the new guidelines,…
-
Gadson v. State, 600 So. 2d 1287 (Fla. 4th DCA 1992)…ress was legally sufficient, because it proceeded to rule on the merits of the motion. The trial court erred however, in failing to conduct an evidentiary hearing as required by the language of rule 3.190(h)(3) emphasized above. In Barker v. State, 438 So. 2d 1014 (Fla. 4th DCA 1983), this court held that the trial court erred in denying a motion to suppress prior to trial without granting an evidentia-ry hearing on the motion. Id. at 1015. Similarly, in Ferrazzoli v. State, 442 So. 2d 1056 (Fla. 1st DCA 1983…
-
Rogers v. State, 844 So. 2d 728 (Fla. 5th DCA 2003)…(Fla. 4th DCA 1992). . Pease v. State, 712 So. 2d 374 (Fla.1997); State v. Colbert, 660 So. 2d 701 (Fla.1995). . See Chapman v. State, 446 So. 2d 1186 (Fla. 4th DCA 1984); Ferrazzoli v. State, 442 So. 2d 1056 (Fla. 1st DCA 1983); Barker v. State, 438 So. 2d 1014 (Fla. 4th DCA 1983); see also Ross v. State, 779 So. 2d 300 (Fla. 2d DCA 1999); Martin v. State, 654 So. 2d 978 (Fla. 1st DCA 1995); Gadson v. State, 600 So. 2d 1287 (Fla. 4th DCA 1992); Williams v. State, 548 So. 2d 898 (Fla. 4th DCA 1989). In the…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence