Valdes v. State

District Court of Appeal of Florida

Valdes v. State

323 So. 2d 690, 1975 Fla. App. LEXIS 18997

District Court of Appeal of Florida·Decided December 16, 1975·No. No. 75-627·Published

Opinion

PER CURIAM.

The defendant pleaded nolo contendere to a charge of aiding in the conduct of a lottery. After judgment and sentence, his appeal raised the question of the sufficiency of the affidavit upon which the search warrant was issued; therefore, a question solely of law is raised, i. e., is the affidavit insufficient as a matter of law. State v. Ashby, Fla. 1971, 245 So.2d 225. Our review of the record shows that the affidavit is not insufficient as a matter of law. See State v. Smith, Fla.1970, 233 So.2d 396; and Hicks v. State, Fla.App. 1974, 299 So.2d 44.

Affirmed.

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PER CURIAM.

The defendant pleaded nolo contendere to a charge of aiding in the conduct of a lottery. After judgment and sentence, his appeal raised the question of the sufficiency of the affidavit upon which the search warrant was issued; therefore, a question solely of law is raised, i. e., is the affidavit insufficient as a matter of law. State v. Ashby, Fla. 1971, 245 So.2d 225. Our review of the record shows that the affidavit is not insufficient as a matter of law. See State v. Smith, Fla.1970, 233 So.2d 396; and Hicks v. State, Fla.App. 1974, 299 So.2d 44.

Affirmed.

Valdes v. State, 323 So. 2d 690, 1975 Fla. App. LEXIS 18997 (Fla. Ct. App. 1975).

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Opinion

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