SUTTON v. STATE

Nos. 87-00933, 87-01774.

556 So.2d 1211 (1990)

Lisa SUTTON, Appellant, v. STATE of Florida, Appellee. Ronald Sutton, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 16, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and T. Orin Lee, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


ALTENBERND, Judge.

The defendants, Mr. and Mrs. Sutton, pled nolo contendere to various drug charges and reserved the right to appeal the denial of a dispositive motion to suppress evidence derived from a wiretap. We reverse because the wiretap was improperly authorized on stale evidence. The good faith exception does not allow the use of this evidence. State v. Garcia, 547 So.2d 628 (Fla. 1989).

The sworn...

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