DELORES CASTLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DELORES CASTLE, APPELLANT,
STATE OF FLORIDA, APPELLEE
332 So. 2d 27
Florida District Court of Appeal, Fourth District (1976)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Appellant-defendant, Delores Castle, appeals a judgment adjudging her guilty, and sentence for the offense of possession of heroin.
Upon review of the record on appeal and after consideration of the briefs submitted by counsel for the respective parties, we determine the warrantless arrest of the appellant was not based on probable cause. Therefore, the trial court erred in denying appellant’s motion to suppress evidence seized incident to this arrest.
Accordingly, the judgment and sentence herein appealed is reversed and the cause remanded for further proceedings consistent with the views herein expressed.
WALDEN, C. J., and CROSS and OWEN, JJ., concur.
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Henderson v. State, 332 So. 2d 30 (Fla. 1st DCA 1976)….SMITH, Judge. Appellant Henderson, who when apprehended at the scene of a break-in possessed a substantial quantity of stolen goods, was tried jointly with Thomas E. Reynolds whose appeal was also decided today. Reynolds v. State, 332 So. 2d 27 (Fla.App. 1st, 1976). Henderson complains, as did Reynolds, of the trial court’s failure to repeat the court’s charge on the presumption of innocence when, as requested by the jury, he recharged on the State’s burden of proof. The evidence of Hender…
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Cole v. State, 353 So. 2d 952 (Fla. 2d DCA 1978)…be complete in respect to the subject on which the jury requests reinstruction; otherwise, a partial instruction can lead to undue emphasis on the part given as against the part omitted. Hedges v. State, 172 So. 2d 824 (Fla.1965); Reynolds v. State, 332 So. 2d 27 (Fla. 1st DCA 1976); Faulk v. State, 296 So. 2d 614 (Fla. 1st DCA 1974). In our judgment it was essential for the jury, once it was reinstructed on possession, to have had the benefit of the instruction on knowledge; without it, under the circumsta…
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