STATE OF FLORIDA, APPELLANT,
v.
MICHAEL JEROME BELL AND COZZIE LEVONE PRIESTER, APPELLEES
STATE OF FLORIDA, APPELLANT,
MICHAEL JEROME BELL AND COZZIE LEVONE PRIESTER, APPELLEES
583 So. 2d 1121
Florida District Court of Appeal, Fifth District (1991)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The State appeals the order dismissing two counts of the information charging Bell with possession of cocaine and both Bell and Preister with trafficking in cocaine by sale, delivery or possession. The trial court did not have the benefit of our opinion in Louissaint v. State, 576 So. 2d 316 (Fla. 5th DCA 1990). We reverse and remand for further proceedings consistent with that opinion.
REVERSED and REMANDED.
GOSHORN, C.J., and DAUKSCH and W. SHARP, J.J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hundley v. State, 613 So. 2d 500 (Fla. 5th DCA 1993)…ity. The violation of the curfew ordinance gave the arrest the color of legality. It became the trial court’s duty, if requested, to determine whether this underlying arrest may have been illegal because of its pretextual context. See State v. C.E., 583 So. 2d 1121, 1122 (Fla. 5th DCA 1991) (In delinquency petition case in which juvenile was charged with violating municipal bicycle ordinance and resisting arrest without violence, this court said that trial court improperly held ordinance unconstitutional but o…1 / 2
Authorities Cited
- Louissaint v. State, 576 So. 2d 316 (Fla. 5th DCA 1990)