STATE v. NAVARRO

No. 2D08-4888.

19 So.3d 370 (2009)

STATE of Florida, Appellant, v. Mercedes NAVARRO and Oscar Ramon Oliva, Appellees.

District Court of Appeal of Florida, Second District.

May 22, 2009.


Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant.

Guillermo E. Gomez, Jr., of Gomez & Touger, P.A., Tampa, for Appellee Mercedes Navarro.

No appearance for Appellee Oscar Ramon Oliva.


WALLACE, Judge.

The State appeals the circuit court's order granting a motion to suppress evidence in favor of Mercedes Navarro and Oscar Ramon Oliva (the Appellees). Because the circuit court used the incorrect standard of proof in determining the voluntariness of the consent search that resulted in the discovery of marijuana plants, we reverse the order and remand this case to the circuit court for reconsideration of the motion under the correct standard.

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