STATE v. JOSE

No. 2D01-476.

813 So.2d 233 (2002)

STATE of Florida, Appellant, v. JOSE Francisco Rivera, Appellee.

District Court of Appeal of Florida, Second District.

April 5, 2002.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ha T. Dao, Assistant Attorney General, Tampa, for Appellant.

Eilam Isaak, Tampa, for Appellee.


CASANUEVA, Judge.

The State has appealed an order granting the defendant's motion to suppress. We reverse.

This case involves a slightly unusual procedural circumstance. The defendant originally filed a motion to suppress on which the court held a hearing and issued a detailed order specifying its findings. The court held that the State had proven by the preponderance of the evidence that the defendant had freely and voluntarily consented to the search leading...

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