LAMBERT v. STATE

No. 2D00-2725.

811 So.2d 805 (2002)

Lawrence LAMBERT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 20, 2002.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


FULMER, Judge.

Lawrence Lambert appeals the order revoking his probation. We reverse because of ineffective assistance of counsel on the face of the record due to counsel's failure to assert the applicability of the exclusionary rule at the revocation of probation hearing.

In May 1999, Lambert pleaded guilty to burglary of a dwelling and grand theft. He was sentenced to ten years in prison as a habitual offender, suspended for ten years, and placed on probation...

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