STATE v. FAMULARO

Nos. 87-0693, 87-0694.

532 So.2d 45 (1988)

STATE of Florida, Appellant, v. Michael FAMULARO, Appellee. STATE of Florida, Appellant, v. John Vito MASTRONARDO, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied and Stay Granted November 2, 1988.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for appellant.

Paul Stark, Plantation, for appellee-Famularo.

David G. Vinikoor, Fort Lauderdale, for appellee-Mastronardo.


DOWNEY, Judge.

The state seeks reversal of two non-final orders finding that appellees had standing to attack the validity of a search warrant and suppressing the evidence seized thereunder.

The apartment searched was leased by a person named Yawt, who allowed a friend, Farlin, to stay there at times. Yawt also rented a bedroom to appellees, which they used during the daytime only (allegedly for gambling purposes). In a prior case, the trial court, presided...

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