Opinion

Brown v. State

  • 9 Fla. L. Weekly 2505
  • 459 So. 2d 1159
  • 1984 Fla. App. LEXIS 16619
Court
District Court of Appeal of Florida
Filed
Nov 28, 1984
Status
Published
Author
Anstead
On the bench
Anstead, Dell, Hurley
Cited by
0 cases
Authority
More cited than 26.2%

The opinion

ANSTEAD, Chief Judge,

specially concurring:

I concur in the majority’s affirmance of the trial court’s actions in denying motions to suppress and for discharge. Because there is evidence to support the trial court’s ruling on the motion to suppress, we are not free to disturb that ruling. I do *1160 not feel that the trial court erred in denying the motion for discharge because I do not believe the rule relied on by the appellants, Florida Rule of Criminal Procedure 3.191(g), applies to the facts involved herein. The appellants, pursuant to no contest pleas, were adjudged guilty and sentenced. In a previous appeal this court did not disturb the convictions and sentences but merely directed that an evidentiary hearing be conducted on a motion to suppress. 409 So.2d 255 (1982). For that reason I do not believe that Rule 3.191(g), requiring a new trial to be conducted within 90 days of mandate, applies to this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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