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Smith v. State

District Court of Appeal of Florida, Second District
Dec 5, 1969
228 So. 2d 613 (Fla. Dist. Ct. App. 1969)

Opinion

No. 68-136.

December 5, 1969.

Appeal from the Circuit Court for Lake County, W. Troy Hall, Jr., J.

P.B. Howell, Jr., Leesburg, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Michael N. Kavouklis, Asst. Atty. Gen., Lakeland, for appellee.


While Smith was held in the Leesburg jail on a traffic charge, officers searched the trunk of his car without a warrant. Evidence found there was used in this prosecution for breaking and entering. A timely motion to suppress was filed, and it should have been granted. In fairness to the able trial judge it must be said that Smith's trial counsel, not named either here or in our former opinion at 222 So.2d 45, did not bring to the attention of the court Courington v. State, Fla. 1954, 74 So.2d 652, which compels reversal for a new trial. See also Chimel v. California (1969), 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.

Reversed and remanded.

LILES, Acting C.J., and PIERCE, J., concur.


Summaries of

Smith v. State

District Court of Appeal of Florida, Second District
Dec 5, 1969
228 So. 2d 613 (Fla. Dist. Ct. App. 1969)
Case details for

Smith v. State

Case Details

Full title:JUDSON WAYNE SMITH, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 5, 1969

Citations

228 So. 2d 613 (Fla. Dist. Ct. App. 1969)