SOTO v. STATE

No. 3D10-2511.

75 So.3d 296 (2010)

Pedro SOTO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 30, 2010.


Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Robert Kalter , Assistant Public Defender, for appellant.

Pamela Jo Bondi , Attorney General, and Jill D. Kramer , Assistant Attorney General, for appellee.

Before WELLS, C.J., EMAS, J., and SCHWARTZ, Senior Judge.


SCHWARTZ, Senior Judge.

Soto's conviction and sentence for trafficking in heroin are reversed because the trial court did not but should have granted his motion to suppress the contraband found in his home after the police entered without complying with the "knock-and-announce" statute, section 901.19(1), Florida Statutes (2005). It is admitted that, although the police announced their presence at the door, there was fatally no evidence that they announced their purpose...

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