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565 So. 2d 857

State v. Bravo

District Court of Appeal of Florida

Decided August 10, 1990

District Court of Appeal of Florida · decided 1990-08-10

Cited by 1 later decisions — most recently October 1991

1 state decisions

Relies on 536 So. 2d 359 - Perez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-08-10

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PER CURIAM.

¶1We affirm the trial court’s order suppressing cocaine found in the trunk of defendant’s car. The trial court did not commit reversible error in ruling that, notwithstanding the officers’ testimony that defendant voluntarily opened the trunk, defendant, as he testified, did not do so and did not consent to the search of the trunk. See Perez v. State, 536 So.2d 359 (Fla. 3d DCA 1988) (“The settled law governing review of a trial court’s decision on a motion to suppress is that the ruling comes to the appellate court with a presumption of correctness and a reviewing court should not substitute its judgment for that of a trial court, but, rather, should defer to the trial court’s authority as a factfinder. Review of the record shows that the case was based on sharply conflicting testimony on the consent question, which was solely for the trial judge ... — not this court — to resolve.”). (Citations and footnote omitted.)

¶2Affirmed.

RYDER, A.C.J., LEHAN, J., and CLAIRE K. LUTEN, Associate Judge, concur.
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