Felix v. State

District Court of Appeal of Florida

Felix v. State

566 So. 2d 342, 1990 Fla. App. LEXIS 6568, 1990 WL 126174

CourtDistrict Court of Appeal of Florida

DecidedAugust 31, 1990

DocketNo. 88-00645

StatusPublished

Cited by2 cases

This text of 566 So. 2d 342 (Felix 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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Felix v. State, 566 So. 2d 342, 1990 Fla. App. LEXIS 6568, 1990 WL 126174 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

We affirm the conviction of Donald Felix for possession of cocaine, a third-degree felony. We write only to note that the officer exceeded the scope of a pat-down when he turned Felix’s pockets inside out and found one piece of rock cocaine. See Walker v. State, 514 So.2d 1149, 1151 (Fla. 2d DCA 1987). Although that one rock of cocaine should have been suppressed, the trial court’s denial of the motion to suppress as to that rock was harmless error because the officer seized three other rocks of cocaine which were in the officer’s plain view during the course of a lawful intrusion. As to those rocks, the denial of the motion to suppress was proper.

Affirmed.

RYDER, A.C.J., and LEHAN, J., and LUTEN, CLAIRE K., Associate Judge, concur.

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PER CURIAM.

We affirm the conviction of Donald Felix for possession of cocaine, a third-degree felony. We write only to note that the officer exceeded the scope of a pat-down when he turned Felix’s pockets inside out and found one piece of rock cocaine. See Walker v. State, 514 So.2d 1149, 1151 (Fla. 2d DCA 1987). Although that one rock of cocaine should have been suppressed, the trial court’s denial of the motion to suppress as to that rock was harmless error because the officer seized three other rocks of cocaine which were in the officer’s plain view during the course of a lawful intrusion. As to those rocks, the denial of the motion to suppress was proper.

Affirmed.

RYDER, A.C.J., and LEHAN, J., and LUTEN, CLAIRE K., Associate Judge, concur.

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566 So. 2d 342, 1990 Fla. App. LEXIS 6568, 1990 WL 126174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felix-v-state-fladistctapp-1990.

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