State v. Rodriguez

Full title: The STATE of Florida, Appellant, v. Raydel RODRIGUEZ, Appellee.

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

Date published: May 15, 2013

114 So. 3d 348 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D07–2451.

2013-05-15

The STATE of Florida, Appellant, v. Raydel RODRIGUEZ, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Dennis J. Murphy, Judge. Pamela Jo Bondi, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellant. George T. Pallas, for appellee.

SCHWARTZ

An Appeal from the Circuit Court for Miami–Dade County, Dennis J. Murphy, Judge.

Pamela Jo Bondi, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellant. George T. Pallas, for appellee.
Before WELLS, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge.

Prior report: 90 So.3d 268. SCHWARTZ, Senior Judge.

In State v. Rodriguez, 997 So.2d 1210 (Fla. 3d DCA 2008), we reversed an order of suppression stemming from a dog sniff of a marijuana enterprise located in Miami–Dade County, on the authority of our previous decision in State v. Jardines, 9 So.3d 1 (Fla. 3d DCA 2008). The case is again before us pursuant to an order of the Florida Supreme Court remanding it for reconsideration in the light of its reversal of that decision in Jardines v. State, 73 So.3d 34 (Fla.2011). Upon consideration, we now affirm the order below on the authority of Jardines v. State, 73 So.3d 34 (Fla.2011), cert. granted in part, ––– U.S. ––––, 132 S.Ct. 995, 181 L.Ed.2d 726 (U.S.2012), aff'd, ––– U.S. ––––, 133 S.Ct. 1409, 185 L.Ed.2d 495 (U.S.2013).

Affirmed.