EVANS v. STATE

No. 5D07-1320.

989 So.2d 1219 (2008)

Adrian EVANS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

September 5, 2008.


Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


COHEN, J.

Adrian Evans contends that the search of his duffle bag was illegal because the police did not sufficiently inquire whether the third party who consented to the search had common control and mutual use of it. While we agree that the search was illegal and the trial court erred in denying his motion to suppress, we conclude that the error was harmless.

After a jury trial, Evans was convicted of attempted robbery with a firearm, aggravated battery...

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