BURR W. STUART, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1980-09-30
No. 79-100
Before BARKDULL, HENDRY and NESBITT, JJ.
389 So. 2d 4 Florida District Court of Appeal, Third District (1980) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant’s judgment of conviction is reversed with directions to discharge him from custody. Because of the reasons and authorities stated in Royer v. State, 389 So. 2d 1007 (Fla. 3d DCA 1980( (en banc) and State v. Frost, 374 So. 2d 593 (Fla. 3d DCA 1979), we find the trial court erroneously denied appellant’s motion to suppress the physical evidence.

Reversed with directions.


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  • Florida v. Rodriguez, 469 U.S. 1 (U.S. 1984)
    …ents to the United States Constitution had been violated by the search. The Florida District Court of Appeal affirmed the judgment in a per curiam opinion, citing its earlier decision in State v. Battleman, 374 So. 2d 636 (1979). State v. Rodriguez, 389 So. 2d 4 (1980). This Court originally denied certiorari, Florida v. Rodriguez, 451 U. S. 1022 (1981), but two years later granted rehearing and remanded the case to the Florida District Court of Appeal for reconsideration in the light of our opinions in Flo…
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