STATE v. FLONORY

No. 89-1403.

566 So.2d 310 (1990)

STATE of Florida, Appellant, v. Roderick FLONORY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 4, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellant.

Andrew A. Graham and Maureen M. Matheson of Reinman, Harrell, Silberhorn & Graham, P.A., for appellee.


COBB, Judge.

Roderick Flonory, the defendant, was found guilty of second degree murder with a firearm. Subsequently, the trial judge granted a new trial based upon his determination that Flonory's taped confession should have been suppressed at a pretrial hearing (held before a different judge) and was improperly admitted at trial. The basis of the ruling was the trial judge's determination that the confession emanated from an arrest made without probable cause. The...

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