State v. Bennett

Full title: The State of Florida, Appellant, v. Rodney Bennett, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 8, 2010

No. 3D10-983 (Fla. Dist. Ct. App. Dec. 8, 2010)

Opinion

No. 3D10-983.

Opinion filed December 8, 2010.

An Appeal from the Circuit Court for Miami-Dade County, Diane Ward, Judge, Lower Tribunal No. 07-43692.

Bill McCollum, Attorney General, and Jill D. Kramer, Assistant Attorney General, for appellant.

Grey and Mourin and Juan Mourin, for appellee.

Before SUAREZ, CORTIÑAS and LAGOA, JJ.

PER CURIAM.

Based on the authority of State v. Fernandez, No. 3D10-905 (Fla. 3d DCA Nov. 17, 2010), we reverse the trial court's order granting Bennett's motion to suppress evidence. See also State v. Brown, 36 So. 3d 770, 775-76 (Fla. 3d DCA 2010). As in Fernandez, we certify conflict with Cable v. State, 18 So. 3d 37 (Fla. 2d DCA), review granted, 22 So. 3d 539 (Fla. 2009).

Reversed and remanded with directions to vacate the suppression order and to enter an order denying the motion.

Not final until disposition of timely filed motion for rehearing.