Benjamin Mendoza v. State of Florida

District Court of Appeal of Florida

Benjamin Mendoza v. State of Florida

174 So. 3d 574, 2015 Fla. App. LEXIS 13079, 2015 WL 5139417

CourtDistrict Court of Appeal of Florida

DecidedSeptember 2, 2015

Docket4D14-1227

StatusPublished

This text of 174 So. 3d 574 (Benjamin Mendoza v. State of Florida) 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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Benjamin Mendoza v. State of Florida, 174 So. 3d 574, 2015 Fla. App. LEXIS 13079, 2015 WL 5139417 (Fla. Ct. App. 2015).

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Opinion

PER CURIAM.

We affirm the convictions entered in this case. The arresting officer had probable cause to stop appellant pursuant to section 316.0875, Florida Statutes (2013). See Lomax v. State, 148 So.3d 119, 121 (Fla. 1st DCA 2014). The later search of the defendant falls under the inevitable discovery doctrine. Having made a valid stop, the officer would have asked appellant for his driver’s license, which would have led to the discovery that it was revoked and to his arrest and the subsequent search. See Hatcher v. State, 834 So.2d 314, 317-18 (Fla. 5th DCA 2003); Cummings v. State, 956 So.2d 559, 560-61 (Fla. 5th DCA 2007).

GROSS, DAMOORGIAN and GERBER, JJ., concur.

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PER CURIAM.

We affirm the convictions entered in this case. The arresting officer had probable cause to stop appellant pursuant to section 316.0875, Florida Statutes (2013). See Lomax v. State, 148 So.3d 119, 121 (Fla. 1st DCA 2014). The later search of the defendant falls under the inevitable discovery doctrine. Having made a valid stop, the officer would have asked appellant for his driver’s license, which would have led to the discovery that it was revoked and to his arrest and the subsequent search. See Hatcher v. State, 834 So.2d 314, 317-18 (Fla. 5th DCA 2003); Cummings v. State, 956 So.2d 559, 560-61 (Fla. 5th DCA 2007).

GROSS, DAMOORGIAN and GERBER, JJ., concur.

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174 So. 3d 574, 2015 Fla. App. LEXIS 13079, 2015 WL 5139417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benjamin-mendoza-v-state-of-florida-fladistctapp-2015.

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