State v. Clifton

Full title: STATE of Florida, Appellant, v. Joseph Michael CLIFTON, Appellee.

Court: District Court of Appeal of Florida, Second District.

Date published: Mar 19, 2014

135 So. 3d 449 (Fla. Dist. Ct. App. 2014)

Opinion

No. 2D12–4255.

2014-03-19

STATE of Florida, Appellant, v. Joseph Michael CLIFTON, Appellee.

Appeal from the Circuit Court for Hillsborough County; Lisa D. Campbell, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellant. Howard L. Dimmig, II, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellee.

PER CURIAM.

Appeal from the Circuit Court for Hillsborough County; Lisa D. Campbell, Judge.

Pamela Jo Bondi, Attorney General, Tallahassee, and Peter Koclanes, Assistant Attorney General, Tampa, for Appellant. Howard L. Dimmig, II, Public Defender, and Maureen E. Surber, Assistant Public Defender, Bartow, for Appellee.
PER CURIAM.

The State appeals the trial court's order granting Joseph Michael Clifton's motion to suppress evidence and statements. We have jurisdiction. SeeFla. R.App. P. 9.140(c)(B)(1). We reverse the trial court's order pursuant to our decision in State v. Mitchell, 124 So.3d 1046 (Fla. 2d DCA 2013) (holding that defendants lack standing to seek suppression relating to jurisdictional defects of coconspirator's arrest where they had no legally cognizable privacy interest in fraudulent prescriptions and evidence developed therefrom), and remand the case to the trial court for further proceedings.

Reversed and remanded. ALTENBERND, NORTHCUTT, and LaROSE, JJ., Concur.