FERNANDEZ v. STATE

No. 3D10-567.

63 So.3d 881 (2011)

Fidel FERNANDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 15, 2011.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Howard K. Blumberg , Assistant Public Defender, and Nicholas A. Reed and Michael A. Vera , Certified Legal Interns, for appellant.

Pamela Jo Bondi , Attorney General, and Douglas J. Glaid , Senior Assistant Attorney General, for appellee.

Before GERSTEN, ROTHENBERG, and SALTER, JJ.


PER CURIAM.

Fidel Fernandez appeals a withheld adjudication and sentence of probation for possession of cannabis with intent to sell. The defendant maintains that the trial court erred in denying his motion to suppress the evidence and his statements based on the unauthorized entry onto his residential property by law enforcement officers. Because we find that the entry was unlawful, we reverse the order denying the suppression motion.

The police narcotics...

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