Home/District Court of Appeal of Florida/State v. Marchena

State v. Marchena

663 So. 2d 685, 1995 Fla. App. LEXIS 12435, 1995 WL 704729
CourtDistrict Court of Appeal of Florida
DecidedDecember 1, 1995
DocketNo. 95-328
StatusPublished

This text of 663 So. 2d 685 (State v. Marchena) 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
State v. Marchena, 663 So. 2d 685, 1995 Fla. App. LEXIS 12435, 1995 WL 704729 (Fla. Ct. App. 1995).

Opinion

COBB, Judge.

The order suppressing evidence is affirmed. However, the trial court erred in dismissing the case in conjunction with granting the motion to suppress where no motion to dismiss was pending. See State v. Leyva, 599 So.2d 691 (Fla. 3d DCA 1992). Therefore, that portion of the suppression order dismissing the charge is stricken. The cause is remanded for further proceedings consistent with this opinion.

AFFIRMED AS MODIFIED; REMANDED.

DAUKSCH and ANTOON, JJ., concur.

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Related

State v. Leyva
599 So. 2d 691 (District Court of Appeal of Florida, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
663 So. 2d 685, 1995 Fla. App. LEXIS 12435, 1995 WL 704729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marchena-fladistctapp-1995.