Alvarez v. State

District Court of Appeal of Florida

Alvarez v. State

400 So. 2d 768, 1981 Fla. App. LEXIS 19933

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1981

DocketNo. 79-1546

StatusPublished

Cited by4 cases

This text of 400 So. 2d 768 (Alvarez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alvarez v. State, 400 So. 2d 768, 1981 Fla. App. LEXIS 19933 (Fla. Ct. App. 1981).

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Opinion

ON REHEARING

PER CURIAM.

On January 7, 1981, we filed an opinion reversing appellant’s conviction of possession of more than 100 pounds of marijuana. The State filed a motion for rehearing. While considering that motion, we determined that appellant failed to object at trial to the introduction into evidence of materials he had sought to have suppressed before trial.

Because of appellant’s failure to object, and because the remaining points on appeal have no merit, we grant the motion for rehearing, vacate the opinion filed January 7, 1981, and affirm the judgment and sentence. Castor v. State, 365 So.2d 701 (Fla.1978); Clark v. State, 363 So.2d 331 (Fla.1978); Weisz v. State, 392 So.2d 22 (Fla. 4th DCA 1980); German v. State, 379 So.2d 1013 (Fla. 4th DCA 1980), cert. denied, 388 So.2d 1113 (Fla.1980); Kiddy v. State, 378 So.2d 1332 (Fla. 4th DCA 1980), cert. denied, 388 So.2d 1115 (Fla.1980).

DOWNEY and GLICKSTEIN, JJ., and FUTCH, M. DANIEL, Jr., Associate Judge, concur.

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ON REHEARING

PER CURIAM.

On January 7, 1981, we filed an opinion reversing appellant’s conviction of possession of more than 100 pounds of marijuana. The State filed a motion for rehearing. While considering that motion, we determined that appellant failed to object at trial to the introduction into evidence of materials he had sought to have suppressed before trial.

Because of appellant’s failure to object, and because the remaining points on appeal have no merit, we grant the motion for rehearing, vacate the opinion filed January 7, 1981, and affirm the judgment and sentence. Castor v. State, 365 So.2d 701 (Fla.1978); Clark v. State, 363 So.2d 331 (Fla.1978); Weisz v. State, 392 So.2d 22 (Fla. 4th DCA 1980); German v. State, 379 So.2d 1013 (Fla. 4th DCA 1980), cert. denied, 388 So.2d 1113 (Fla.1980); Kiddy v. State, 378 So.2d 1332 (Fla. 4th DCA 1980), cert. denied, 388 So.2d 1115 (Fla.1980).

DOWNEY and GLICKSTEIN, JJ., and FUTCH, M. DANIEL, Jr., Associate Judge, concur.

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400 So. 2d 768, 1981 Fla. App. LEXIS 19933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-state-fladistctapp-1981.

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