The State of Florida v. Lazaro Prieto

• Court: District Court of Appeal of Florida
• Decided: August 6, 2025
• Docket: 3D2023-1678
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 6, 2025. Not final until disposition of timely filed motion for rehearing.

No. 3D23-1678 Lower Tribunal No. F22-13667

The State of Florida, Appellant,

vs.

Lazaro Prieto, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge.

James Uthmeier, Attorney General, and Kayla H. McNab, Assistant Attorney General, for appellant.

Carlos J. Martinez, Public Defender, and Nicholas A. Lynch, Assistant Public Defender, for appellee.

Before FERNANDEZ, LOBREE and GOODEN, JJ.

PER CURIAM. Affirmed. See State v. Milewski, 194 So. 3d 376, 378 (Fla. 3d DCA

2016) (“This Court's review of the trial court's ruling on the motion to

suppress involves a mixed question of law and fact. The trial court's findings

of fact are presumed correct if competent, substantial evidence supports

those findings. The trial court's application of law to those facts is reviewed

de novo.”)(citation omitted); San Martin v. State, 717 So. 2d 462, 469

(Fla. 1998) (“A trial court's ruling on a motion to suppress comes to this

Court clothed with a presumption of correctness and, as the reviewing

court, we must interpret the evidence and reasonable inferences and

deductions derived therefrom in a manner most favorable to sustaining the

trial court's ruling.”).