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DIAZ-FONSECA v. STATE

No. 85-1003.

483 So.2d 558 (1986)

Eduardo Antonio DIAZ-FONSECA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 25, 1986.

Attorney(s) appearing for the Case

Entin, Schwartz, Dion, Sclafani & Cullen and Ronald Dion, North Miami Beach, for appellant.

Jim Smith, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

The trial court denied Diaz-Fonseca a full evidentiary hearing on his motion to suppress based upon a finding that he did not have standing to challenge the search because he had denied ownership of the luggage. We reverse for a full evidentiary hearing upon the authority of Shafi v. State, 377 So.2d 787 (Fla. 1st DCA 1979). See also United States v. Richards, 638 F.2d 765

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