Brenner v. State, 75--1356
| Decision Date | 14 September 1976 |
| Docket Number | No. 75--1356,75--1356 |
| Citation | 337 So.2d 1007 |
| Parties | Irwin BRENNER and Daniel Akins, Appellants, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Lurie & Capuano, Miami, and Jack R. Nageley, Miami Beach, for appellants.
Robert L. Shevin, Atty. Gen., and Ira N. Loewy, Asst. Atty. Gen., for appellee.
Before PEARSON, HENDRY and HAVERFIELD, JJ.
Defendants, Irwin Brenner and Daniel Akins, appeal their judgments of conviction and sentences for (1) aiding or assisting in conducting a lottery, and (2) possession of lottery paraphernalia. The relevant facts giving rise to this appeal are as follows:
On December 3, 1974, the City of Miami police began an investigation into illegal gambling operations and defendants along with six other persons were placed under surveillance. Upon concluding the investigation, the police prepared warrants to search the homes and automobiles of the eight suspects and on February 24, 1975 submitted these warrants along with 12 lengthy affidavits to Judge Weaver who issued the search warrants. As a result, defendants were arrested and charged with (1) aiding in conducting a lottery, (2) possession of lottery tickets, and (3) possession of lottery paraphernalia. Defendants pled not guilty and moved to quash the search warrants and suppress the evidence seized. When their motion was denied, they entered into plea negotiations. In exchange for the court's acceptance of their pleas of nolo contendere, the State abandoned count 2 of the information and the court adjudicated defendants guilty on counts 1 and 3. As to count 1, defendants were sentenced to five years imprisonment (with three years being withheld) and at the completion of two years, to be placed on probation. As a special condition of probation defendants agreed to pay their proportional share of the investigative cost incurred by the police. Sentencing as to count 3 was stayed and withheld. This appeal followed.
Defendants first contend that the court erred in denying their motion to quash the search warrants and suppress the evidence because (1) the issuing judge failed to make an independent determination of probable cause as there was no showing that he examined each of the affidavits separately, and (2) part of the investigation was carried on outside the limits of the City of Miami. We cannot agree.
First, there is a presumption that officials properly perform their required duties. Purdy v. Mulkey, 228 So.2d 132 (Fla.3d DCA 1969); Jones v. State, 296 So.2d 519 (Fla.3d DCA 1974). The search warrants Judge Weaver signed clearly state that he found probable cause for their issuance. All the affidavits being identical and containing sufficient facts to justify a finding of probable cause, defendants have failed to overcome the presumption of the proper performance. Second, a trial court's ruling on a motion to suppress comes to this court with a presumption of correctness and in testing the accuracy of the trial court's conclusion, we should interpret the evidence and all reasonable inferences and deductions capable therefrom in a light most favorable to sustain these conclusions. Cameron v. State, 112 So.2d 864 (Fla.1st DCA 1959); Rodriguez v. State, 189 So.2d 656 (Fla.3d DCA 1966); Wigfall v. State, 323 So.2d 587 (Fla.3d DCA 1975). Guided by this principle of law, we find no error on the part of the trial judge in denying the motion to suppress.
As to the argument that part of the...
To continue reading
Request your trial
-
State v. Phoenix, s. 80-195
...386 So.2d 642 (Fla.1980); Parker v. State, 362 So.2d 1033 (Fla. 1st DCA 1978), cert. denied, 373 So.2d 460 (Fla.1979); Brenner v. State, 337 So.2d 1007 (Fla. 3d DCA 1976), cert. denied, 348 So.2d 944 (Fla.1977). Nonetheless, the principle espoused in these cases is subject to the proviso se......
-
Cuba v. State
...ultimately is imposed, is the aggrieved party in this circumstance. We hold the condition was valid on the authority of Brenner v. State, 337 So.2d 1007 (Fla.3d DCA 1976), cert. den., Fla., 348 So.2d 944. In Brenner, in plea bargaining by which defendants pleaded nolo contendere one of thre......
-
State v. Sills, 4D02-2796.
...and all reasonable inferences and deductions capable therefrom in a light most favorable to sustain these conclusions. Brenner v. State, 337 So.2d 1007 (Fla. 3d DCA 1976). Employing this presumption and drawing reasonable inferences from the evidence in favor of correctness, the trial court......
-
State v. Smith
...($250 in costs of probation); Gryca v. State, 315 So.2d 221 (Fla.App.1975) ($100 as partial costs of prosecution); Brenner v. State, 337 So.2d 1007 (Fla.App.1976) (Pro-rata share of investigative Finally, we note that the court could have imposed a fine of up to $2,000 as a condition of pro......