Gilbert v. State

District Court of Appeal of Florida

Gilbert v. State

534 So. 2d 882, 13 Fla. L. Weekly 2638, 1988 Fla. App. LEXIS 5380, 1988 WL 129154

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 1988

DocketNo. 88-1394

StatusPublished

This text of 534 So. 2d 882 (Gilbert 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.

Bluebook

Gilbert v. State, 534 So. 2d 882, 13 Fla. L. Weekly 2638, 1988 Fla. App. LEXIS 5380, 1988 WL 129154 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

The denial of the defendant’s motion to suppress was error. The state concedes the illegality of the search, and the evidence of record is legally insufficient to establish that defendant abandoned the credit cards which apparently fell to the ground during the struggle with the offi[883]*883cer. See Ippolito v. State, 80 So.2d 332 (Fla.1955) (en banc); O’Shaughnessy v. State, 420 So.2d 377 (Pla. 3d DCA 1982). The state has not shown that this ruling and the admission of such evidence during trial was harmless under the test laid down in State v. DiGuilio, 491 So.2d 1129 (Fla.1986). The judgment of conviction is reversed and the cause remanded for a new trial.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The denial of the defendant’s motion to suppress was error. The state concedes the illegality of the search, and the evidence of record is legally insufficient to establish that defendant abandoned the credit cards which apparently fell to the ground during the struggle with the offi[883]*883cer. See Ippolito v. State, 80 So.2d 332 (Fla.1955) (en banc); O’Shaughnessy v. State, 420 So.2d 377 (Pla. 3d DCA 1982). The state has not shown that this ruling and the admission of such evidence during trial was harmless under the test laid down in State v. DiGuilio, 491 So.2d 1129 (Fla.1986). The judgment of conviction is reversed and the cause remanded for a new trial.

Cite This Page — Counsel Stack

Bluebook (online)

534 So. 2d 882, 13 Fla. L. Weekly 2638, 1988 Fla. App. LEXIS 5380, 1988 WL 129154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-state-fladistctapp-1988.

Opinion

Related

Cite This Page — Counsel Stack