MARIO BALDWIN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2006-11-28
No. 1D06-3428
BROWNING, C.J., KAHN, and DAVIS, JJ., concur.
942 So. 2d 452 Florida District Court of Appeal, First District (2006) Caution
Cited by 18 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petition is granted and Mario Baldwin is hereby afforded a belated appeal from the order of March 6, 2006, denying postconvietion relief in Escambia County Circuit Court case numbers 89-1531 CFB, et al. Upon issuance of mandate in this cause, a copy of this opinion will be provided to the clerk of the circuit court who shall treat it as a notice of appeal. Fla. R.App. 9.141(c)(5)(D).

PETITION GRANTED.

BROWNING, C.J., KAHN, and DAVIS, JJ., concur.


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  • Davis v. State, 973 So. 2d 1277 (Fla. 2d DCA 2008)
    …nvestigatory detention, it is necessary for the State to prove that the officer had a reasonable suspicion of criminal activity that would support the detention. Id.; see also J.H.M. v. State, 945 So. 2d 642, 645 (Fla. 2d DCA 2006); J.R.P. v. State, 942 So. 2d 452, 453-54 (Fla. 2d DCA 2006); Slydell v. State, 792 So. 2d 667, 671 (Fla. 4th DCA 2001); S.G.K v. State, 657 So. 2d 1246, 1247 (Fla. 1st DCA 1995). In this case, the State presented evidence that the officers were responding to a complaint of a “susp…
  • C.E.L. v. State, 995 So. 2d 558 (Fla. 2d DCA 2008)
    …t fled with knowledge of the officer’s intent to detain him and [ (2) ] the officer was justified in making the detention due to his founded suspicion that the defendant was engaged in criminal activity.” 681 So. 2d at 798; see also J.R.P. v. State, 942 So. 2d 452, 453-54 (Fla. 2d DCA 2006); F.E.C. v. State, 559 So. 2d 413, 414 (Fla. 2d DCA 1990). Accordingly, a defendant who flees from the police is culpable under section 843.02 if (a) a law enforcement officer issues a lawful order to the defendant to stop,…
  • Aguiar v. State, 199 So. 3d 920 (Fla. 5th DCA 2016)
    …utweighs the minimal intrusion on those few passengers who might prefer to leave the scene. However, since Wilson v. State, it appears that neither Florida courts nor the State of Florida have questioned its holding, until now. See J.R.P. v. State, 942 So. 2d 452, 454 (Fla. 2d DCA 2006) (reversing passenger’s delinquency adjudication based on Wilson v. State); Fricano v. State, 939 So. 2d 324 (Fla. 4th DCA 2006) (expressly applying Wilson v. State and reversing conviction of taxi cab passenger who was detain…

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