Ilian Andrey Morejon-Blagoev v. State of Florida

District Court of Appeal of Florida·Decided June 25, 2025·No. 3D2024-2051·Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 25, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-2051 Lower Tribunal No. F21-16614 ________________

Ilian Andrey Morejon-Blagoev, Appellant,

vs.

State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, William Altfield, Judge.

Carlos J. Martinez, Public Defender, and Amy Weber, Assistant Public Defender, for appellant.

James Uthmeier, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.

Before GORDO, BOKOR and GOODEN, JJ.

PER CURIAM. Affirmed. See Floyd v. State, 18 So. 3d 432, 451 (Fla. 2009) (“There is

no Brady violation where the information is equally accessible to the defense

and the prosecution, or where the defense either had the information or could

have obtained it through the exercise of reasonable diligence.”); Owen v.

State, 986 So. 2d 534, 547 (Fla. 2008) (“Equally available evidence is not

suppressed where ‘the defendant was aware of the exculpatory

information.’”).

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Related

Floyd v. State
18 So. 3d 432 (Supreme Court of Florida, 2009)
Owen v. State
986 So. 2d 534 (Supreme Court of Florida, 2008)