RAYMOND LAMONT CUMMINGS
v.
STATE OF FLORIDA

Fla. 1st DCA | 2018-02-20
No. 16-4167
Duncan, J., Jay, J., Winsor, J., M.K. Thomas, J.
236 So. 3d 507 Florida District Court of Appeal, First District (2018) Positive Treatment
Cited by 2 cases

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Holding

A defendant who was a passenger in a vehicle lawfully stopped by police cannot challenge the validity of the stop on appeal when the Florida Supreme Court's decision in Presley v. State forecloses such a challenge.


Facts & Procedural History

Cummings was a passenger in a car stopped by police. He gave a false name, disobeyed instructions to stay in the car, ran off, was apprehended, and dr…

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Opinion of the Court

PER CURIAM.

Appellant pleaded no contest to several drug charges and resisting an officer. He had been a passenger in a car stopped by police, and he gave a false name, disobeyed instructions to stay in the car, and ran off. Officers apprehended him and found drugs.

In pleading no contest, Appellant reserved his right to appeal the trial court’s order denying his motion to suppress. His sole argument on appeal is that officers had no basis to detain him when they stopped the vehicle in which he was riding. But as he acknowledges in his reply brief, the recent Florida Supreme Court decision in Presley v. State forecloses this argument. 227 So. 3d 95 (Fla. 2017), cert. denied, No. 17-7139, 583 U.S. __ (Feb. 20, 2018).

AFFIRMED.

JAY, WINSOR, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and

authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________

Andy Thomas, Public Defender, and Brenda L. Roman, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel B. Steinberg, Assistant Attorney General, for Appellee.

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