Summary
holding that "under `inevitable discovery' doctrine, evidence obtained as the result of an unlawful search is admissible if the evidence would ultimately have been discovered by legal means."
Summary of this case from White v. StateOpinion
No. 3D99-438.
Opinion filed April 26, 2000.
An Appeal from the Circuit Court for Dade County, Barbara S. Levenson, Judge, L.T. No. 96-23619.
Bennett H. Brummer, Public Defender, and May L. Cain, Special Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Frank J. Ingrassia, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.
Demetrius Jones appeals from judgments of conviction and sentences for first degree murder with a firearm, attempted second degree murder with a firearm, burglary with an assault in an occupied dwelling while carrying a firearm, and attempted robbery with a firearm. We affirm. See Maulden v. State, 617 So.2d 298 (Fla. 1993) (under "inevitable discovery" doctrine, evidence obtained as the result of an unlawful search is admissible if the evidence would ultimately have been discovered by legal means).See also Tucker v. State, 417 So.2d 1006 (Fla.3d DCA 1982),approved, 459 So.2d 306 (Fla. 1984) (defect in indictment waived if not challenged by timely motion to dismiss).
AFFIRMED.