Opinion · Florida Court Opinions

MAYS v. STATE, 314 So.2d 154 (Fla.App. 4 Dist. 1975)

WILLIE LEE MAYS, APPELLANT, v. STATE OF Fla., APPELLEE., 314 So. 2d 154 (Fla. Dist. Ct. App. 1975)

Type
Opinion
Court
Florida Court Opinions
Jurisdiction
Florida
Date
1975-05-02
Topic
general

MAYS v. STATE, 314 So.2d 154 (Fla.App. 4 Dist. 1975) WILLIE LEE MAYS, APPELLANT, v. STATE OF FLORIDA, APPELLEE. No. 74-765.District Court of Appeal of Florida, Fourth District. May 2, 1975.Rehearing Denied July 2, 1975.

Citator

UpLaw has not yet analyzed MAYS v. STATE, 314 So.2d 154 (Fla.App. 4 Dist. 1975). The absence of a flag is not a finding that it is good law.

MAYS v. STATE,314 So.2d 154(Fla.App. 4 Dist. 1975)
WILLIE LEE MAYS, APPELLANT, v. STATE OF FLORIDA, APPELLEE.
No. 74-765.
District Court of Appeal of Florida, Fourth District.
May 2, 1975.
Rehearing Denied July 2, 1975.
Appeal from Circuit Court, Orange County; B.C. Muszynski, Judge.
Richard L. Jorandby, Public Defender, and Kenneth J. Scherer, Asst. Public Defender, and Channing E. Brackey, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.
PER CURIAM.
Affirmed.

CROSS and DOWNEY, JJ., concur.

WALDEN, J., dissents, with opinion.
WALDEN, Judge (dissenting):
Appellant's conviction should be reversed and the case remanded for re-trial. The evidence seized pursuant to an invalid search should be suppressed. Coolidge v. New Hampshire,403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). This matter was preserved for our consideration and the denial of appellant's motion to suppress manifestly constituted reversible error.

I do, therefore, dissent.