Opinion
No. 83-545.
July 11, 1984. Rehearing Denied August 8, 1984.
Appeal from Circuit Court, Broward County, George A. Shahood, Judge.
Richard L. Jorandby, Public Defender, and Richard B. Green, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Joan Fowler Rossin, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm but without prejudice to appellant's right to apply for relief under the terms of Rule 3.850, Florida Rules of Criminal Procedure, as concerns his sentence.
AFFIRMED.
LETTS and WALDEN, JJ., concur.
HURLEY, J., dissents with opinion.
The trial court ruled that the defendant lacked standing to contest the search of a trailer in which he had resided, on a periodic basis, for over two months. This ruling, in my view, was clearly erroneous. See DeLaPaz v. State, 453 So.2d 445 (Fla. 4th DCA 1984); Walker v. State, 433 So.2d 644 (Fla. 2d DCA 1983); Shade v. State, 400 So.2d 850 (Fla. 1st DCA 1981); Brady v. State, 394 So.2d 1073 (Fla. 4th DCA 1981). The search uncovered a rifle, bank bags and money; all of which were introduced at trial. Given the relationship between the crime (armed robbery) and the goods recovered, I am not able to say that the error was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Thus, I respectfully dissent.