Torres v. State

District Court of Appeal of Florida

Torres v. State

708 So. 2d 677, 1998 Fla. App. LEXIS 3643, 1998 WL 158612

CourtDistrict Court of Appeal of Florida

DecidedApril 8, 1998

DocketNo. 96-05310

StatusPublished

This text of 708 So. 2d 677 (Torres 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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Torres v. State, 708 So. 2d 677, 1998 Fla. App. LEXIS 3643, 1998 WL 158612 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Jorge Torres appeals the denial of his motion to suppress evidence seized pursuant to a warrantless search of his person following the stop of a ear in which he was a passenger. The trial court denied the motion on the basis that Mr. Torres did not [678]*678have standing to challenge the legality of the stop because he was a passenger in the car. The State correctly concedes that Mr. Torres does have standing, and that the trial court erred in denying Mr. Torres’ motion on this basis. See State v. Delaney, 517 So.2d 696 (Fla. 2d DCA 1987). Accordingly, we reverse Mr. Torres’ conviction and the denial of his motion to suppress, and remand for an evidentiary hearing on the merits of his motion. See Wulff v. State, 533 So.2d 1191 (Fla. 2d DCA 1988), approved in Nelson v. State, 578 So.2d 694 (Fla.1991).

Reversed and remanded with directions.

THREADGILL, A.C.J., and ALTENBERND and FULMER, JJ., concur.

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PER CURIAM.

Jorge Torres appeals the denial of his motion to suppress evidence seized pursuant to a warrantless search of his person following the stop of a ear in which he was a passenger. The trial court denied the motion on the basis that Mr. Torres did not [678]*678have standing to challenge the legality of the stop because he was a passenger in the car. The State correctly concedes that Mr. Torres does have standing, and that the trial court erred in denying Mr. Torres’ motion on this basis. See State v. Delaney, 517 So.2d 696 (Fla. 2d DCA 1987). Accordingly, we reverse Mr. Torres’ conviction and the denial of his motion to suppress, and remand for an evidentiary hearing on the merits of his motion. See Wulff v. State, 533 So.2d 1191 (Fla. 2d DCA 1988), approved in Nelson v. State, 578 So.2d 694 (Fla.1991).

Reversed and remanded with directions.

THREADGILL, A.C.J., and ALTENBERND and FULMER, JJ., concur.

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708 So. 2d 677, 1998 Fla. App. LEXIS 3643, 1998 WL 158612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-state-fladistctapp-1998.

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