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State v. Ouellette

District Court of Appeal of Florida, Fourth District
Apr 16, 1980
382 So. 2d 836 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-1792.

April 16, 1980.

Appeal from the Circuit Court, Broward County, Joseph E. Price, Jr., J.

Michael J. Satz, State's Atty., 17th Judicial Circuit, and Patti Englander, Asst. State's Atty., Fort Lauderdale, for appellant.

Stuart L. Stein, Fort Lauderdale, for appellee.


It is not necessary to recite the facts in this search and seizure case. The trial court granted appellee's motion to suppress contraband because the search was predicated on the arresting officer's belief that marijuana was a controlled substance proscribed by Section 893.03(1)(c) Florida Statutes (1977), which the trial judge had previously declared unconstitutional. Since then, the Florida Supreme Court has again upheld the classification of cannabis as a controlled substance. Town v. State ex rel. Reno, 377 So.2d 648 (Fla. 1979); Hamilton v. State, 366 So.2d 8 (Fla. 1978).

Accordingly, the order suppressing the contraband is reversed and this cause remanded with directions to the trial court to consider the remaining points raised by the motion to suppress.

LETTS and HERSEY, JJ., concur.


Summaries of

State v. Ouellette

District Court of Appeal of Florida, Fourth District
Apr 16, 1980
382 So. 2d 836 (Fla. Dist. Ct. App. 1980)
Case details for

State v. Ouellette

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. ERNEST J. OUELLETTE, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 16, 1980

Citations

382 So. 2d 836 (Fla. Dist. Ct. App. 1980)