HORTON v. STATE

No. 78-2184.

375 So.2d 1112 (1979)

William Woodrow HORTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 9, 1979.


Attorney(s) appearing for the Case

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

Jim Smith, Atty. Gen. and Joel D. Rosenblatt, Asst. Atty. Gen., for appellee.

Before PEARSON, BARKDULL and SCHWARTZ, JJ.


PEARSON, Judge.

The appellant was charged with possession of more than 100 pounds of marijuana. He filed a motion to suppress the physical evidence, which was denied. Thereupon, he changed his plea to nolo contendere, reserving the right to appeal. The controlling question is whether the facts developed by the State at the hearing on the motion to suppress, when viewed in the light most favorable to the decision of the finder of fact, support the decision of the trial...

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