DANEAL J. IRONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Irons appeals from his judgment and sentences for sexual battery and attempted sexual battery. On appeal, Irons argues that the results of a search of his person while in jail should have been suppressed. We disagree and conclude that the search was reasonable, given its purpose, the manner in which it was conducted and its minimal intrusion. See Gonzalez v. State, 541 So. 2d 1354 (Fla. 3d DCA 1989); Vera v. State, 400 So. 2d 1008 (Fla. 3d DCA 1981). See also Bell v. Wolfish 441 U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). We find that any violation of section 901.211 was de minimis.
We decline to certify conflict on the sentencing issue because 'the position of our sister court in Hudson v. State, 765 So. 2d 273 (Fla. 1st DCA 2000) and Burrows v. State, 649 So. 2d 902 (Fla. 1st DCA 1995) seems unclear to us. See Lowery v. State, 754 So. 2d 888 (Fla. 5th DCA 2000) (declining to find express conflict where exact sentencing disposition in other case was unclear).
AFFIRMED.
PETERSON and ORFINGER, R.B., JJ., concur.
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Daneal J. Irons v. State, 791 So. 2d 1221 (Fla. 5th DCA 2001)…e VACATED; REMANDED. PETERSON and ORFINGER, R.B., JJ., concur. . § 794.011(5), Fla. Stat. . Irons also argues that the identification evidence from the collateral crimes was based on an illegal search. We rejected that argument in Irons v. State, 787 So. 2d 975 (Fla. 5th DCA 2001). . Williams v. State, 110 So. 2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). . § 921.0014(2), Fla. Stat. (1997). . See § 775.082(8)(a)l.d. and 775.082(8)(a) 2.c., Fla. Stat. (1997). . Ejusdem ge…
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Devine v. State, 826 So. 2d 492 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Irons v. State, 787 So. 2d 975 (Fla. 5th DCA 2001); Lowe v. State, 742 So. 2d 350 (Fla. 5th DCA 1999). THOMPSON, C.J., PETERSON and PLEUS, JJ., concur.…
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Gourley v. State, 820 So. 2d 993 (Fla. 5th DCA 2002)…-CFA.1 AFFIRMED. GRIFFIN and PLEUS, JJ., concur. ■ . Gourley's prior history in this court is protracted, involving appeals from the denial of numerous postconviction motions and several petitions for writ of habeas corpus. Gourley v. State, 787 So. 2d 975 (Fla. 5th DCA 2001); Gourley v. State, 787 So. 2d 184 (Fla. 5th DCA 2001); Gourley v. State, 653 So,2d 439 (Fla. 5th DCA), review dismissed, 660 So. 2d 713 (Fla.1995); Gourley v. State, 647 So. 2d 124 (Fla. 5th DCA 1994), review dismissed, 654 So. 2…
Authorities Cited
- Bell v. Wolfish, 441 U.S. 520 (U.S. 1979)
- Burrows v. State, 649 So. 2d 902 (Fla. 1st DCA 1995)
- Gonzalez v. State, 541 So. 2d 1354 (Fla. 3d DCA 1989)
- Vera v. State, 400 So. 2d 1008 (Fla. 3d DCA 1981)
- Hudson v. State, 765 So. 2d 273 (Fla. 1st DCA 2000)
- Derick Lowery v. State, 754 So. 2d 888 (Fla. 5th DCA 2000)