STATE v. BLAN

No. BI-156.

489 So.2d 865 (1986)

STATE of Florida, Appellant, v. Phyllis O. BLAN, Appellee.

District Court of Appeal of Florida, First District.

June 6, 1986.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Royall P. Terry, Jr., Asst. Atty. Gen., for appellant.

Michael E. Allen, Public Defender; David A. Davis, Asst. Public Defender, for appellee.


WENTWORTH, Judge.

The state seeks review of an order by which the trial court granted appellee's motion to suppress evidence. We find that the court applied an improper standard of proof, and we therefore reverse the order appealed.

At the suppression hearing the state attempted to establish that appellee voluntarily consented to a search of her vehicle. After the court received testimony the parties presented argument as to the appropriate standard of proof...

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