Freyre v. State, No. 77-1267

CourtCourt of Appeal of Florida (US)
Writing for the CourtKEHOE
Citation362 So.2d 989
PartiesManuel Jose FREYRE, Appellant, v. The STATE of Florida, Appellee. .
Docket NumberNo. 77-1267
Decision Date19 September 1978

Page 989

362 So.2d 989
Manuel Jose FREYRE, Appellant,
v.
The STATE of Florida, Appellee.
No. 77-1267.
District Court of Appeal of Florida, Third District. .
Sept. 19, 1978.
Rehearing Denied Oct. 20, 1978.

Page 990

Engel, Aronson, Fried & Cohn, Miami, for appellant.

Robert L. Shevin, Atty. Gen., and Margarita G. Esquiroz, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and KEHOE, JJ.

KEHOE, Judge.

Appellant, defendant below, was charged by an information with robbery and unlawful possession of a firearm while engaged in a criminal offense. After a jury trial, verdicts of guilty were rendered on both counts. Thereafter, the trial court entered a judgment of conviction and sentenced appellant to twenty-five years in the state prison, without eligibility of parole for three years, to be followed by seven years probation. From this judgment and sentence, appellant appeals. We affirm.

We have very carefully reviewed each of the points raised by appellant on appeal and find them to be without merit. However, we feel that one of the points raised by appellant does merit some discussion.

Prior to the jury trial in this cause, appellant made a motion to suppress certain physical evidence which was denied by the trial court. One of the arguments advanced by appellant at the hearing on his motion to suppress was that there was an illegal search and seizure of certain physical evidence which ultimately led to his conviction. The pertinent facts relating to this contention may be summarized as follows: On several occasions an automobile owned by appellant's co-defendant below (not a party to this appeal) was observed by the police circling several Burger King and McDonald restaurants. Because of a pattern

Page 991

of robberies at these restaurants, they were under surveillance by the police. As a part of their investigatory efforts, the police had observed appellant, along with his co-defendant, as an occupant of the car. Also, they had learned the address of the co-defendant. Because of this investigation, a court order was obtained permitting the installation of an electronic transmitter on the car. Near midnight on June 15, 1976, a robbery was reported at a McDonald's restaurant located at 7208 S.W. 8th Street. At the time of the robbery, one of the officers who had been involved in the investigation and whose car was equipped with a receiver for the transmitter was driving westbound on S.W. 8th Street at about 62d Avenue. The officer,...

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11 practice notes
  • Perez v. State, No. 76184
    • United States
    • United States State Supreme Court of Florida
    • June 24, 1993
    ...(citations omitted). Other cases supporting this view include Curry v. State, 570 So.2d 1071 (Fla. 5th DCA 1990), and Freyre v. State, 362 So.2d 989 (Fla. 3d DCA 1978), cert. denied, 372 So.2d 468 (Fla.), cert. denied, 444 U.S. 857, 100 S.Ct. 118, 62 L.Ed.2d 76 In Spann v. State, 529 So.2d ......
  • State v. Oliver, 78-639
    • United States
    • Court of Appeal of Florida (US)
    • March 13, 1979
    ...property which a defendant has voluntarily abandoned in an area where he has no reasonable expectation of privacy, Freyre v. State, 362 So.2d 989, 991 (Fla.3d DCA 1978), as where a person discards property (a) in the open fields while being pursued by the police, Hester v. United States, 26......
  • State v. Schultz, No. 78-2355
    • United States
    • Court of Appeal of Florida (US)
    • October 8, 1980
    ...seized by the police. Mitchell v. State, 60 So.2d 726 (Fla.1952); State v. Oliver, 368 So.2d 1331 (Fla. 3rd DCA 1979); Freyre v. State, 362 So.2d 989 (Fla. 3rd DCA 1978); Smith v. State, 333 So.2d 91 (Fla. 1st DCA 1976); State v. Gallo, 279 So.2d 71 (Fla. 2nd DCA 1973); Riley v. State, 266 ......
  • Davis v. State, Case No. 2D16-887.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2017
    ...reasonable expectation of privacy...." State v. Oliver, 368 So.2d 1331, 1335 (Fla. 3d DCA 1979) (emphasis added) (citing Freyre v. State, 362 So.2d 989, 991 (Fla. 3d DCA 1978) ). This is so because in such cases "the person has made a voluntary decision to avoid a police search by discardin......
  • Request a trial to view additional results
11 cases
  • Perez v. State, No. 76184
    • United States
    • United States State Supreme Court of Florida
    • June 24, 1993
    ...(citations omitted). Other cases supporting this view include Curry v. State, 570 So.2d 1071 (Fla. 5th DCA 1990), and Freyre v. State, 362 So.2d 989 (Fla. 3d DCA 1978), cert. denied, 372 So.2d 468 (Fla.), cert. denied, 444 U.S. 857, 100 S.Ct. 118, 62 L.Ed.2d 76 In Spann v. State, 529 So.2d ......
  • State v. Oliver, 78-639
    • United States
    • Court of Appeal of Florida (US)
    • March 13, 1979
    ...property which a defendant has voluntarily abandoned in an area where he has no reasonable expectation of privacy, Freyre v. State, 362 So.2d 989, 991 (Fla.3d DCA 1978), as where a person discards property (a) in the open fields while being pursued by the police, Hester v. United States, 26......
  • State v. Schultz, No. 78-2355
    • United States
    • Court of Appeal of Florida (US)
    • October 8, 1980
    ...seized by the police. Mitchell v. State, 60 So.2d 726 (Fla.1952); State v. Oliver, 368 So.2d 1331 (Fla. 3rd DCA 1979); Freyre v. State, 362 So.2d 989 (Fla. 3rd DCA 1978); Smith v. State, 333 So.2d 91 (Fla. 1st DCA 1976); State v. Gallo, 279 So.2d 71 (Fla. 2nd DCA 1973); Riley v. State, 266 ......
  • Davis v. State, Case No. 2D16-887.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2017
    ...reasonable expectation of privacy...." State v. Oliver, 368 So.2d 1331, 1335 (Fla. 3d DCA 1979) (emphasis added) (citing Freyre v. State, 362 So.2d 989, 991 (Fla. 3d DCA 1978) ). This is so because in such cases "the person has made a voluntary decision to avoid a police search by discardin......
  • Request a trial to view additional results

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