DAVID H. WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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OWEN, Judge.
Appellant was convicted of a violation of the Drug Abuse Law and on this appeal assigns as error the denial of his motion to suppress certain tangible evidence seized as a result of a warrantless search of his automobile.
From our review of the record, examination of the briefs and consideration of the oral argument, we conclude that it was error to deny the motion to suppress. The information which the confidential informant furnished to the officer making the search was legally insufficient to be a basis for probable cause. See, Andersen v. State, 274 So. 2d 228 (Fla.1973), cert. denied, 414 U.S. 879, 94 S.Ct. 150, 38 L.Ed.2d 124 (1973); Byrd v. State, 80 So. 2d 694 (Fla.1955); Collins v. State, 65 So. 2d 61 (Fla.1953).
The judgment is reversed and this cause is remanded with directions that appellant be accorded the opportunity to withdraw his plea of nolo contendere. See, State v. Ashby, 245 So. 2d 225 (Fla.1971).
Reversed and remanded.
WALDEN, C. J., and REASBECK, JAMES, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Brown v. State, 355 So. 2d 138 (Fla. 3d DCA 1978)…s nolo contendere plea. State v. Ashby, 245 So. 2d 225, 228 (Fla.1971); Nast v. State, 333 So. 2d 103 (Fla.2d DCA 1976); Tiller v. State, 330 So. 2d 792 (Fla.1st DCA 1976); Stanley v. [*140] State, 327 So. 2d 243 (Fla.2d DCA 1976); Wallace v. State, 321 So. 2d 97 (Fla.4th DCA 1975); Perry v. State, 296 So. 2d 505 (Fla.3d DCA 1974); Jackson v. State, 294 So. 2d 114 (Fla.4th DCA 1974). There is one essential limitation to the Ashby nolo rule applicable herein and that is the rule cannot be used by a defendant…
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Willern Koblinski v. Koblinski, 339 So. 2d 266 (Fla. 3d DCA 1976)…on the authority of Gleim v. Gleim, 176 So. 2d 610 (Fla. 3rd DCA 1965); Bostwick v. Bostwick, 201 So. 2d 779 (Fla. 4th DCA 1967); Carroll v. Allen, 219 So. 2d 69 (Fla. 1st DCA 1969); Long v. Long, 304 So. 2d 483 (Fla. 1st DCA 1974); Cohen v. Cohen, 321 So. 2d 97 (Fla. 4th DCA 1975).…
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Carmelo Fernandez v. State, 353 So. 2d 1280 (Fla. 3d DCA 1978)…ereupon the conviction and sentence entered on said plea are hereby set aside, and the cause is remanded to the trial court with direction that the appellant be accorded the opportunity to withdraw his plea of nolo contendere. See: Wallace v. State, 321 So. 2d 97 (Fla. 4th DCA 1975).…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Ashby, 245 So. 2d 225 (Fla. 1971)
- Collins v. State, 65 So. 2d 61 (Fla. 1953)
- Byrd v. State, 80 So. 2d 694 (Fla. 1955)
- Taylor et vir v. Jones, 414 U.S. 879 (U.S. 1973)
- Anderson v. Salt Lake City Corp., 414 U.S. 879 (U.S. 1973)
- Andersen v. State, 274 So. 2d 228 (Fla. 1973)