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323 So. 2d 690

Valdes v. State

District Court of Appeal of Florida

Decided December 16, 1975

District Court of Appeal of Florida · decided 1975-12-16

Relies on 245 So. 2d 225 - State v. Ashby · State v. Smith · Hicks v. State

Decided 1975-12-16

PER CURIAM.

¶1The defendant pleaded nolo contendere to a charge of aiding in the conduct of a lottery. After judgment and sentence, his appeal raised the question of the sufficiency of the affidavit upon which the search warrant was issued; therefore, a question solely of law is raised, i. e., is the affidavit insufficient as a matter of law. State v. Ashby, Fla. 1971, 245 So.2d 225. Our review of the record shows that the affidavit is not insufficient as a matter of law. See State v. Smith, Fla.1970, 233 So.2d 396; and Hicks v. State, Fla.App. 1974, 299 So.2d 44.

¶2Affirmed.

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