BILLY CURTIS WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Billy Curtis Wright, appeals the trial court’s denial of a motion to suppress evidence. At issue was Appellant’s claim that he did not consent, or alternatively that he withdrew his consent, to a search of his person prior to the discovery of cocaine and paraphernalia in his pocket. At the evidentiary hearing the testimony of one of the officers was consistent with that of Appellant, i.e., Appellant tried to prevent the officer from searching his pocket. Although the trial court found generally that Appellant consented to the search, it failed to address whether Appellant withdrew his consent by grabbing his shirt pocket before the officer felt its contents.
Accordingly, we REVERSE and REMAND to the trial court to conduct a new hearing on the issue of whether Wright withdrew his consent to the search. See Phillips v. State, 707 So. 2d 774 (Fla. 2d DCA 1998).
BOOTH and BENTON, JJ., and SHIVERS, DOUGLASS B., Senior Judge, CONCUR.
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Benitez v. State, 952 So. 2d 1275 (Fla. 2d DCA 2007)…. 2d 774 (Fla. 2d DCA 1998) (holding that where trial court erred in applying established law to the facts of the case, it must be reversed and remanded for a new hearing to give the trial court an opportunity to address the issue); Wright v. State, 766 So. 2d 467 (Fla. 1st DCA 2000) (where trial court failed to address whether appellant withdrew his consent to search, case reversed and remanded for trial court to conduct new hearing on the issue); Simpson v. State, 562 So. 2d 742 (Fla. 1st DCA 1990) (conclud…1 / 2
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Jerri Denise Agar v. State, 833 So. 2d 881 (Fla. 1st DCA 2003)…RIAM. Appellant Jerri Denise Agar challenges her probation revocation. We affirm the revocation, but remand the ease for entry of a written revocation order conforming to the oral findings made by the trial court at the hearing. See Bell v. State, 766 So. 2d 467 (Fla. 1st DCA 2000); Berke v. State, 704 So. 2d 567 (Fla. 1st DCA 1997). AFFIRMED and REMANDED. BARFIELD, POLSTON and HAWKES, JJ„ concur.…
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State v. Soloman, 6 So. 3d 660 (Fla. 2d DCA 2009)…1275 (1983); Kee v. State, 504 So. 2d 1365 (Fla. 1st DCA 1987). This issue involves mixed questions of fact and law and should be first addressed by the trial court. State v. Deferance, 807 So. 2d 806, 808 (Fla. 4th DCA 2002); see Wright v. State, 766 So. 2d 467 (Fla. 1st [*662] DCA 2000) (where trial court failed to address whether appellant withdrew his consent to search, the case was reversed and remanded for trial court to conduct new hearing on the issue); Simpson v. State, 562 So. 2d 742 (Fla. 1st DCA…
Authorities Cited
- Phillips v. State, 707 So. 2d 774 (Fla. 2d DCA 1998)