Opinion
No. 79-263.
January 30, 1980. Rehearing Denied March 5, 1980.
Appeal from Circuit Court, Broward County; Humes T. Lasher, Judge.
Roy E. Black of Black Denaro, P.A., Miami, for appellant.
Jim Smith, Atty. Gen., Tallahassee, Mary E. Marsden and Russell S. Bohn, Asst. Attys. Gen., West Palm Beach, for appellee.
We have carefully reviewed the record and the numerous points raised by appellant. Finding, as we do, that none of the points have merit, we affirm.
AFFIRMED.
HERSEY and GLICKSTEIN, JJ., concur.
BERANEK, J., dissents with opinion.
I respectfully dissent. This was a prosecution under Section 847.07(4)(c), Florida Statutes (1975), for the wholesale promotion of obscene materials. Since the materials in question were seized without a warrant, I believe a prompt judicial determination of probable cause should have occurred. I would reverse the conviction.