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Frost v. State

District Court of Appeal of Florida, Fourth District.
Aug 1, 2012
92 So. 3d 323 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D09–3561.

2012-08-1

Andre FROST, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Lawrence Mirman, Judge; L.T. Case No. 2007CF922. Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.


Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Lawrence Mirman, Judge; L.T. Case No. 2007CF922.
Carey Haughwout, Public Defender, and Tatjana Ostapoff, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for appellee.

ON REMAND FROM THE SUPREME COURT


PER CURIAM.

We reconsider this case based on the mandate from the Supreme Court in Frost v. State, 94 So.3d 481 (Fla.2012), to apply Harris v. State, 71 So.3d 756 (Fla.2011), cert. granted,––– U.S. ––––, 132 S.Ct. 1796, 182 L.Ed.2d 615 (2012). Based on Harris, we reverse the conviction and remand to the circuit court for further proceedings. The circuit court shall hold another evidentiary hearing on the motion to suppress, where the State may offer additional evidence in compliance with the standards adopted by the Supreme Court in Harris. If the court decides that the State has not demonstrated that there was a “reasonable basis for believing the dog to be reliable based on the totality of the circumstances” under the Harris guidelines, it should grant the motion to suppress. Id. at 758.

Reversed and remanded for further proceedings.

STEVENSON, GROSS and TAYLOR, JJ., concur.


Summaries of

Frost v. State

District Court of Appeal of Florida, Fourth District.
Aug 1, 2012
92 So. 3d 323 (Fla. Dist. Ct. App. 2012)
Case details for

Frost v. State

Case Details

Full title:Andre FROST, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Aug 1, 2012

Citations

92 So. 3d 323 (Fla. Dist. Ct. App. 2012)