BUDDY ROLLISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm but without prejudice to appellant’s right to apply for relief under the terms of Rule 3.850, Florida Rules of Criminal Procedure, as concerns his sentence.
AFFIRMED.
LETTS and WALDEN, JJ., concur. HURLEY, J., dissents with opinion.
HURLEY, Judge,
dissenting.
The trial court ruled that the defendant lacked standing to contest the search of a trailer in which he had resided, on a periodic basis, for over two months. This ruling, in my view, was clearly erroneous. See DeLaPaz v. State, 453 So. 2d 445 (Fla. 4th DCA 1984); Walker v. State, 433 So. 2d 644 (Fla. 2d DCA 1983); Shade v. State, 400 So. 2d 850 (Fla. 1st DCA 1981); Brady v. State, 394 So. 2d 1073 (Fla. 4th DCA 1981). The search uncovered a rifle, bank bags and money; all of which were introduced at trial. Given the relationship between the crime (armed robbery) and the goods recovered, I am not able to say that the error was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Thus, I respectfully dissent.
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Gates Learjet Corp. v. Moyer, 459 So. 2d 1082 (Fla. 4th DCA 1984)…Moyer's personal representative and in March, 1982, Hernandez’ personal representative filed suits against Gates Learjet, the airplane’s manufacturer; the personal representative of the other pilot; and the lessor of the aircraft, Bass Aviation, see 453 So. 2d 447 (Fla. 4th DCA 1984); as well as other defendants. In each case Gates Learjet’s answer denied the allegations against it, set forth as an affirmative defense the comparative negligence on the part of the pilot whose personal representative was suing,…
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Redwood Recovery Servs., LLC v. Addle Hill, Inc., 140 So. 3d 1037 (Fla. 3d DCA 2014)…. . A plaintiff may prove a basis for long-arm jurisdiction either by affidavit or "other sworn proof,” which includes deposition testimony. Tobacco Merch. Ass’n of U.S. v. Broin, 657 So. 2d 939 (Fla. 3d DCA 1995); Hernandez v. Bass Aviation, Inc., 453 So. 2d 447 (Fla. 4th DCA 1984).…
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Authorities Cited
- Chapman v. California, 386 U.S. 18 (U.S. 1967)
- Shade v. State, 400 So. 2d 850 (Fla. 1st DCA 1981)
- Walker v. State, 433 So. 2d 644 (Fla. 2d DCA 1983)
- Ysidro Y. DeLaPAZ v. State, 453 So. 2d 445 (Fla. 4th DCA 1984)
- Brady v. State, 394 So. 2d 1073 (Fla. 4th DCA 1981)