¶1The judgment of conviction and sentence under review is affirmed upon a holding that the trial court properly denied the defendant’s pre-trial motion to suppress without conducting an evidentiary hearing thereon as the said motion was legally insufficient and subject to a summary denial thereof because: (a) the motion fails to clearly state the reasons for suppression or a general statement of facts in support thereof as required by Fla.R.Crim.P. 3.190(h)(2), State v. Butterfield, 285 So.2d 626 (Fla.4th DCA 1973), and (b) the motion fails to make the requisite showing under Delaware v. Franks, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), to entitle the defendant to an evidentiary hearing on the veracity of the search warrant affidavits. Mason v. State, 375 So.2d 1125 (Fla.1st DCA 1979).
394 So. 2d 433
Herring v. State
District Court of Appeal of Florida
Decided July 1, 1980
District Court of Appeal of Florida · decided 1980-07-01
Relies on Franks v. Delaware · Mason v. State · 285 So. 2d 626 - State v. Butterfield
Good law ✅— No negative treatment on recordhow we know
Decided 1980-07-01
How this case has been cited
Cited by 7 later decisions — most recently May 2010
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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