SARMIENTO v. STATE

No. 78-455.

371 So.2d 1047 (1979)

Julian F. SARMIENTO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 8, 1979.


Attorney(s) appearing for the Case

Alvin E. Entin and Ronald A. Dion, Miami, Manuel W. James, Key West, for appellant.

Jim Smith, Atty. Gen. and Paul Mendelson, Asst. Atty. Gen., for appellee.

Before HENDRY and HUBBART, JJ., and CHARLES CARROLL (Ret.), Associate Judge.


HUBBART, Judge.

This is a criminal prosecution for unlawful sale of heroin in which the defendant was convicted as charged and sentenced in the Monroe County Circuit Court. The defendant appeals.

I

The central issue presented for review is whether the warrantless electronic eavesdropping by state agents of a conversation between the defendant and an undercover police officer in the privacy of the defendant's home [under circumstances where it was...

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