State v. Montevechi

Full title: STATE OF FLORIDA, APPELLANT, v. RICHARD MONTEVECHI, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Aug 1, 1991

582 So. 2d 1255 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1972.

August 1, 1991.

Appeal from the Circuit Court for Seminole County; Seymour Benson, Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellee.

PER CURIAM.

This appeal is from the same order of suppression reviewed in State v. Cruz, 582 So.2d 20 (Fla.5th DCA 1991). The defendant in Cruz was a resident at the home searched pursuant to a search warrant, and this defendant, Richard Montevechi, apparently was visiting the home at the time the search warrant was executed.

We reverse the trial court's order of suppression consistent with and for the reasons stated in Cruz.

REVERSED.

GOSHORN, C.J., and PETERSON and GRIFFIN, JJ., concur.