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State v. Jasmin

District Court of Appeal of Florida, First District
Oct 6, 2000
769 So. 2d 456 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 1D99-3337

Opinion filed October 6, 2000.

An appeal from the Circuit Court for Nassau County. Alban E. Brooke, Judge.

Robert A. Butterworth, Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for Appellant.

William J. Sheppard and D. Gray Thomas, of Sheppard and White, Jacksonville, for Appellees.


We affirm the trial court's order suppressing the evidence in this case. "Whether a suspect voluntarily consents to a search is a question of fact to be determined by the totality of the circumstances." Davis v. State, 594 So.2d 264, 266 (Fla. 1992). "[T]he determination of whether the consent to a search was voluntary is a question for the trial judge and should not be disturbed on appeal unless the determination is clearly erroneous." Id. Appellees have identified record evidence to support the trial court's finding that no voluntary consent occurred in this case.

AFFIRMED.

ERVIN and MINER, JJ., CONCUR.


Summaries of

State v. Jasmin

District Court of Appeal of Florida, First District
Oct 6, 2000
769 So. 2d 456 (Fla. Dist. Ct. App. 2000)
Case details for

State v. Jasmin

Case Details

Full title:STATE OF FLORIDA, Appellant, v. KILVIN JASMIN, RENOL MURAT, and DION…

Court:District Court of Appeal of Florida, First District

Date published: Oct 6, 2000

Citations

769 So. 2d 456 (Fla. Dist. Ct. App. 2000)