JOSEPH FAVADA CACCIATORE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case reviews a conviction for grand larceny, specifically addressing whether the trial court erred in denying a motion to suppress evidence found in a bedroom closet and whether the evidence was sufficient to sustain the conviction. The appellate court affirmed the conviction.
No, the trial court did not err in denying the motion to suppress because there was sufficient evidence to support the finding that the defendant consented to the search. Yes, the evidence was sufficient to sustain the conviction.
“We hold that there is sufficient evidence in the record to support the finding of the trial court that the defendant consented to the search; therefore, the ruling on the motion to suppress the evidence is affirmed upon authority of the rule stated in Jackson v. State, Fla.1961, 132 So. 2d 596.”
This quote establishes the court's reasoning for affirming the denial of the motion to suppress, emphasizing the sufficiency of evidence for consent to search.
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Join FLexlaw to unlock all legal intelligenceThe defendant was interviewed by police regarding a stolen mink jacket. The officer accompanied the defendant to his home, where the defendant alleged…
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The defendant appeals from a judgment of guilty of grand larceny. The judgment followed a non-jury trial. Two questions are presented: (1) whether the trial court erred in a ruling upon a motion to suppress certain evidence, and (2) whether the evidence was sufficient to sustain a conviction.
The defendant was interviewed by a police officer about the theft of a mink jacket. The officer drove the defendant to his home. It is agreed that the defendant invited the officer into his home and that he repeatedly stated that he had nothing to hide. There is a conflict upon whether or not the defendant consented to the search of a bedroom closet in which the stolen jacket was discovered. We hold that there is sufficient evidence in the record to support the finding of the trial court that the defendant consented to the search; therefore, the ruling on the motion to suppress the evidence is affirmed upon authority of the rule stated in Jackson v. State, Fla.1961, 132 So.2d 596. See also Myrick v. State, Fla.App.1965, 177 So.2d 845.
We have reviewed the evidence and find it sufficient to sustain the conviction.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rhome v. State, 222 So. 2d 431 (Fla. 3d DCA 1969)…t that conflict of the evidence existed as to whether or not consent was given to the search, if there is sufficient evidence to support the ruling of the trial court on this point, we will not reverse its holding. Cacciatore v. State, Fla.App.1966, 186 So. 2d 32. As a third point on appeal, the appellant urges that the trial court erred in denying a mistrial after the following events transpired: (a) one of the testifying police officers made reference to the defendant’s arrest slips; (b) a statement was m…
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State v. Patterson, 252 So. 2d 398 (Fla. 2d DCA 1971)…initiated the subject-matter by inviting it. Rebecca could not thereafter validly object to either the search or the seizure. Slater v. State, Fla.1956, 90 So. 2d 453; Range v. State, Fla.App.1963, 156 So. 2d 534; Cacciatore v. State, Fla.App.1966, 186 So. 2d 32; Talavera v. State, Fla.App.1966, 186 So. 2d 811; Mims v. State, Fla.App.1966, 192 So. 2d 62. Furthermore, it is doubtful if Rebecca, admittedly not the owner of the car, could object to the search. Alexander v. State, Fla.App.1959, 107 So. 2d 261;…
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Cacciatore v. State, 194 So. 2d 624 (Fla. 1966)…Certiorari denied without opinion. 186 So. 2d 32.…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McArthur Myrick v. State, 177 So. 2d 845 (Fla. 1st DCA 1965)
- Jackson v. State, 132 So. 2d 596 (Fla. 1961)