RAYMOND LAMONT CUMMINGS
v.
STATE OF FLORIDA
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A defendant who was a passenger in a vehicle lawfully stopped by police cannot challenge the validity of the stop on appeal when the Florida Supreme Court's decision in Presley v. State forecloses such a challenge.
Cummings was a passenger in a car stopped by police. He gave a false name, disobeyed instructions to stay in the car, ran off, was apprehended, and dr…
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PER CURIAM.
Appellant pleaded no contest to several drug charges and resisting an officer. He had been a passenger in a car stopped by police, and he gave a false name, disobeyed instructions to stay in the car, and ran off. Officers apprehended him and found drugs.
In pleading no contest, Appellant reserved his right to appeal the trial court’s order denying his motion to suppress. His sole argument on appeal is that officers had no basis to detain him when they stopped the vehicle in which he was riding. But as he acknowledges in his reply brief, the recent Florida Supreme Court decision in Presley v. State forecloses this argument. 227 So. 3d 95 (Fla. 2017), cert. denied, No. 17-7139, 583 U.S. __ (Feb. 20, 2018).
AFFIRMED.
JAY, WINSOR, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________
Andy Thomas, Public Defender, and Brenda L. Roman, Assistant Public Defender, Tallahassee, for Appellant.
Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, for Appellee.
2
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Citator
Cited By
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Bryant v. State (Fla. 1st DCA 2020)
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Blair v. State (Fla. 4th DCA 2022)
Authorities Cited
- Presley v. State, 227 So. 3d 95 (Fla. 2017)