DUKE v. STATE

No. 2D11-964.

82 So.3d 1155 (2012)

Laurence Alvin DUKE, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

March 9, 2012.


Attorney(s) appearing for the Case

Julianne M. Holt , Public Defender, and Kay S. Murray , Assistant Public Defender, Tampa, for Petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Danilo Cruz-Carino , Assistant Attorney General, Tampa, for Respondent.


MORRIS, Judge.

Laurence Alvin Duke petitions for a writ of certiorari to quash an order from the circuit court sitting in its appellate capacity. The circuit court order reversed a county court order granting Duke's motion to suppress. Because we conclude that the circuit court departed from the essential requirements of the law by applying an incorrect standard of review, reweighing the evidence, and making its own credibility determination, we grant the petition...

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