Tim v. State

Full title: VE VE MURIEL TIM, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Dec 8, 1989

553 So. 2d 370 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-00250.

December 8, 1989.

Appeal from the Circuit Court for Hillsborough County; Susan C. Bucklew, Judge.

James Marion Moorman, Public Defender and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Pursuant to our prior decision in Sotolongo v. State, 530 So.2d 514 (Fla. 2d DCA 1988), in which we reversed the trial court's denial of a motion to suppress evidence filed by appellant's codefendant, and because the facts in both cases are indistinguishable, the denial of appellant's motion to suppress evidence is reversed. We reject the state's argument that the "good faith" exception to the warrant requirement enunciated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), should apply.

LEHAN, A.C.J., and FRANK and PARKER, JJ., concur.