MARTIN v. STATE

No. 94-2161.

654 So.2d 978 (1995)

Donnie Leroy MARTIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 25, 1995.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Douglas Gurnic, Asst. Atty. Gen., Tallahassee, for appellee.


WOLF, Judge.

Appellant raises three issues in this appeal of his criminal conviction for burglary of a dwelling. Because we find the trial court's denial of a hearing on appellant's motion to suppress to be error, we reverse the conviction and do not reach appellant's other points.

Appellant's motion to suppress, filed five days prior to trial, was timely under rule 3.190(h)(4), Florida Rules of Criminal Procedure; therefore, we find it was an abuse of discretion...

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