RAMON R. PINA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAMON R. PINA, APPELLANT,
STATE OF FLORIDA, APPELLEE
473 So. 2d 736
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We reverse the appellant’s convictions and sentences on the authority of Horvitz v. State, 433 So. 2d 545 (Fla. 4th DCA 1983) and Tamer v. State, 463 So. 2d 1236 (Fla. 4th DCA 1985). The trial court erred in failing to grant the motion to suppress. We also certify the following question posed in Tamer as one of great public importance:
Under the 1983 amendment to article 1, section 12 of the Florida Constitution, does the exclusionary rule apply in probation revocation hearings?
Accordingly, this cause is reversed and remanded for further proceedings in accord herewith.
ANSTEAD, C.J., HURLEY, J., and SALMON, MICHAEL H„ Associate Judge, concur.
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O'Brien v. State, 478 So. 2d 497 (Fla. 5th DCA 1985)…ity decision, which compels affirmance of the instant appeal. This is so because any new sentencing of O’Brien would be based upon [*499] Florida Rule of Criminal Procedure 3.701(d)(12) now in effect.1 See Julian v. The Honorable Robert E. Lee, Jr., 473 So. 2d 736 (Fla. 5th DCA 1985); Kocsis v. State, 467 So. 2d 384 (Fla. 5th DCA 1985). O’Brien was sentenced to thirty months’ incarceration and five years’ probation (with a condition of 364 days in jail) for two second-degree felonies. Therefore, the in-carcer…
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- Horvitz v. State, 433 So. 2d 545 (Fla. 4th DCA 1983)
- Page v. Burd, 463 So. 2d 1236 (Fla. 3d DCA 1985)
- Tamer v. State, 463 So. 2d 1236 (Fla. 4th DCA 1985)