Mays v. State

Full title: WILLIE LEE MAYS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 2, 1975

314 So. 2d 154 (Fla. Dist. Ct. App. 1975)

Opinion

No. 74-765.

May 2, 1975. Rehearing Denied July 2, 1975.

Appeal from Circuit Court, Orange County; B.C. Muszynski, Judge.

Richard L. Jorandby, Public Defender, and Kenneth J. Scherer, Asst. Public Defender, and Channing E. Brackey, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Basil S. Diamond, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

CROSS and DOWNEY, JJ., concur.

WALDEN, J., dissents, with opinion.

WALDEN, Judge (dissenting):

Appellant's conviction should be reversed and the case remanded for re-trial. The evidence seized pursuant to an invalid search should be suppressed. Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971). This matter was preserved for our consideration and the denial of appellant's motion to suppress manifestly constituted reversible error.

I do, therefore, dissent.