TERRY LYNN STREETER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1988-03-02
No. 87-1671
SCHEB, A.C.J., and HALL and THREADGILL, JJ., concur.
521 So. 2d 262 Florida District Court of Appeal, Second District (1988) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the revocation of probation based on violation of conditions one, two and ten of the probation order. Although the reference to violation of condition five was later deleted because of lack of evidence, the deletion was after the notice of appeal herein was filed. We remand for formal striking of the reference to violation of condition five. Otherwise, affirmed.

SCHEB, A.C.J., and HALL and THREADGILL, JJ., concur.


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  • Rimmer v. State, 825 So. 2d 304 (Fla. 2002)
    …ubsequent court-ordered search of the storage unit revealed the bulk of the stolen equipment. Thus, both the second and third prongs of the Horton rule are met. The cases appellant cites in support of his argument are inapposite. In Perez v. State, 521 So. 2d 262 (Fla. 2d DCA 1988), the Second District held that the trial court erred in admitting evidence found during a search of the defendant’s home where the seizing officers did not have probable cause to believe that the seized item was linked to a crime.…
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    …equisite burden of showing that the pistol was in plain view. There was no testimony that the officer had happened to have looked down into the box and viewed the pistol before having reached into the box and securing the pistol. See Perez v. State, 521 So. 2d 262, 264 (Fla. 2d DCA 1988) (for the plain view doctrine to apply, “[t]he officer must come across the evidence inadvertently”). Also, there was no testimony that prior to securing the pistol the officer could, or did, see in plain view that the serial…
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    …ndant appeals his convictions for capital sexual battery and kidnapping. We affirm. His first contention on appeal is that the trial court erred in denying his motion to suppress evidence seized from his residence. He argues, citing Perez v. State, 521 So. 2d 262 (Fla. 2d DCA 1988), that the search warrant and affidavit in support thereof did not describe with sufficient particularity the items to be seized. We disagree. The principally incriminating items admitted into evidence, i.e., pink panther dolls, wh…

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