STATE OF FLORIDA, APPELLANT,
v.
OLIMPIO BRAVO, APPELLEE

Fla. 2d DCA | 1990-08-10
No. 89-01747
RYDER, A.C.J., LEHAN, J., and CLAIRE K. LUTEN, Associate Judge, concur.
565 So. 2d 857 Florida District Court of Appeal, Second District (1990) Caution
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the trial court’s order suppressing cocaine found in the trunk of defendant’s car. The trial court did not commit reversible error in ruling that, notwithstanding the officers’ testimony that defendant voluntarily opened the trunk, defendant, as he testified, did not do so and did not consent to the search of the trunk. See Perez v. State, 536 So. 2d 359 (Fla. 3d DCA 1988) (“The settled law governing review of a trial court’s decision on a motion to suppress is that the ruling comes to the appellate court with a presumption of correctness and a reviewing court should not substitute its judgment for that of a trial court, but, rather, should defer to the trial court’s authority as a factfinder. Review of the record shows that the case was based on sharply conflicting testimony on the consent question, which was solely for the trial judge ... — not this court — to resolve.”). (Citations and footnote omitted.)

Affirmed.

RYDER, A.C.J., LEHAN, J., and CLAIRE K. LUTEN, Associate Judge, concur.


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  • State v. In the Interest of G.B., 588 So. 2d 253 (Fla. 1st DCA 1991)
    …411 (Fla.1978). All reasonable deductions and inferences which may be drawn therefrom must be interpreted in the light most favorable to the trial judge’s conclusions. State v. Nova, supra; Wasko v. State, 505 So. 2d 1314 (Fla.1987); State v. Bravo, 565 So. 2d 857 (Fla. 2nd DCA 1990). The burden is on the appellant to produce a sufficient record to demonstrate reversible error. Sapp v. State, 411 So. 2d 363 (Fla. 4th DCA 1982). In the instant case, the state has failed to [*255] provide a record which would j…

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