Castle v. State

District Court of Appeal of Florida

Castle v. State

332 So. 2d 27, 1976 Fla. App. LEXIS 14336

Procedural entryThis page is a short order in Castle v. State. Read the opinion of the Court — 305 So. 2d 794 →

District Court of Appeal of Florida·Decided May 7, 1976·No. No. 75-588·Published

Opinion

PER CURIAM.

Appellant-defendant, Delores Castle, appeals a judgment adjudging her guilty, and sentence for the offense of possession of heroin.

Upon review of the record on appeal and after consideration of the briefs submitted by counsel for the respective parties, we determine the warrantless arrest of the appellant was not based on probable cause. Therefore, the trial court erred in denying appellant’s motion to suppress evidence seized incident to this arrest.

Accordingly, the judgment and sentence herein appealed is reversed and the cause remanded for further proceedings consistent with the views herein expressed.

WALDEN, C. J., and CROSS and OWEN, JJ., concur.

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PER CURIAM.

Appellant-defendant, Delores Castle, appeals a judgment adjudging her guilty, and sentence for the offense of possession of heroin.

Upon review of the record on appeal and after consideration of the briefs submitted by counsel for the respective parties, we determine the warrantless arrest of the appellant was not based on probable cause. Therefore, the trial court erred in denying appellant’s motion to suppress evidence seized incident to this arrest.

Accordingly, the judgment and sentence herein appealed is reversed and the cause remanded for further proceedings consistent with the views herein expressed.

WALDEN, C. J., and CROSS and OWEN, JJ., concur.

Castle v. State, 332 So. 2d 27, 1976 Fla. App. LEXIS 14336 (Fla. Ct. App. 1976).

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