STATE OF FLORIDA, APPELLANT,
v.
TERENCE WILLIAM MOREY, APPELLEE

Fla. 4th DCA | 1988-08-31
No. 87-1497
DOWNEY, DELL and STONE, JJ., concur.
530 So. 2d 443 Florida District Court of Appeal, Fourth District (1988) Negative Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state has appealed from an order granting a motion to suppress. We reverse upon authority of Kirby v. State, 217 So. 2d 619 (Fla. 4th DCA 1969) and State v. Presley, 458 So. 2d 847 (Fla. 5th DCA 1984).

DOWNEY, DELL and STONE, JJ., concur.


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    …nduct an evidentiary hearing may explain the absence of evidence on the jurisdictional issue. We also note that when afforded a hearing, appellant’s evidence may be sufficient to support his claim for the relief that he requests. See Jones v. Adams, 530 So. 2d 443 (Fla. 4th DCA 1988). We therefore remand this cause to the trial court with directions to grant appellant an opportunity to be heard and to present evidence on those matters enumerated in this court’s previous opinion. REVERSED and REMANDED. GLICK…

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