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VALDES v. STATE

No. 75-627.

323 So.2d 690 (1975)

Eduardo VALDES, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 13, 1976.

Attorney(s) appearing for the Case

Joel Hirschhorn and Yale T. Freeman, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and NATHAN, JJ.

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...

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