Gil v. State

Full title: Pedro Gil, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: May 8, 2024

388 So. 3d 1081 (Fla. Dist. Ct. App. 2024)

Opinion

Nos. 3D22-1728 3D23-385

05-08-2024

Pedro GIL, Appellant, v. The STATE of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

PER CURIAM.

Appeals from the Circuit Court for Miami-Dade County, Milton Hirsch, Judge. Lower Tribunal Nos. F88-13985, F88-13986, F85-9334

Carlos J. Martinez, Public Defender, and Shannon Hemmendinger, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for appellee.

Before FERNANDEZ, SCALES and GORDO, JJ.

PER CURIAM.

Affirmed. See Barron v. State, 217 So. 3d 1088, 1091 (Fla. 3d DCA 2017) ("Applying this fundamental rule of statutory construction, we hold that the trial court was authorized under the statute to ‘weigh and consider’ the State’s competing evaluation in assessing whether [Appellant] met his burden of establishing probable cause."); Abaunza v. State, 278 So. 3d 207, 210-11 (Fla. 1st DCA 2019) ("[O]ur standard of review limits us to determining whether the trial court’s conclusion was supported by competent substantial evidence … We find that the trial court’s ruling is supported by competent substantial evidence …. We view the evidence as did the trial court, as falling short of establishing probable cause.").