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438 So. 2d 1014

Docket No. 83-234.

Barker v. State

Robin Lynn BARKER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 12, 1983.

District Court of Appeal of Florida · decided 1983-10-12

Good law ✅— No negative treatment on recordhow we know

Decided 1983-10-12

How this case has been cited

Cited by 6 later decisions — most recently May 2003

6 state decisions

30198319902000decided

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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¶1*1015 Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

¶3PER CURIAM.

¶4The appellant was charged with one count of grand theft and one count of trespass. A motion to suppress physical evidence and the statements given to the arresting police officers was filed. The trial court denied the motion to suppress without granting a hearing on the motion. This procedure was objected to by defense counsel. Thereafter, appellant entered a plea of nolo contendere specifically reserving the right to appeal denial of the motion to suppress without a hearing. Florida Rule of Criminal Procedure 3.190(h) and (i) governs motions to suppress. We conclude that the court erred in failing to grant a hearing in this matter. The conviction is thus reversed and the matter remanded to the trial court for further proceedings.

¶5REVERSED AND REMANDED.

¶6ANSTEAD, C.J., and BERANEK and DELL, JJ., concur.

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