STATE v. HERNANDEZ

No. 3D13-1796.

146 So.3d 163 (2014)

The STATE of Florida, Appellant, v. Alberto HERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

September 10, 2014.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, and Michael W. Mervine , Assistant Attorney General, for appellant.

Carlos J. Martinez , Public Defender, and Howard K. Blumberg , Special Assistant Public Defender, and Hermis D. Sanchez and Magali J. Sanders , Certified Legal Interns, for appellee.

Before ROTHENBERG, SALTER, and LOGUE, JJ.


ROTHENBERG, J.

The defendant, Alberto Hernandez, was charged with trafficking in cannabis and possession of a place for the purpose of trafficking based on the seizure of a large quantity of marijuana the defendant was cultivating inside his home. After conducting an evidentiary hearing, and unfortunately in reliance on an incorrect representation of the law by defense counsel, the trial court suppressed the defendant's statements and the physical evidence. We reverse...

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