McPherson v. State

Full title: SHAWN ROSS MCPHERSON, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, First District

Date published: Jun 21, 2010

Case No. 1D09-951 (Fla. Dist. Ct. App. Jun. 21, 2010)

Opinion

Case No. 1D09-951.

Opinion filed June 21, 2010.

An appeal from the Circuit Court for Franklin County. James C. Hankinson, Judge.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Michael T. Kennett, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

In this direct appeal from his criminal convictions, the appellant challenges the denial of a motion to suppress evidence obtained pursuant to a search warrant. Although the officers who submitted the affidavit in support of the warrant had some conversation about the case with the judge who issued the warrant, the determination of probable cause was based on the affidavit as required under decisions such as Orr v. State, 382 So. 2d 860 (Fla. 1st DCA 1980). The motion to suppress was thus properly denied, and the appellant's convictions are therefore affirmed.

VAN NORTWICK, CLARK, and MARSTILLER, JJ., CONCUR.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED