Herring v. State, 79-1903
| Decision Date | 01 July 1980 |
| Docket Number | No. 79-1903,79-1903 |
| Citation | 394 So.2d 433 |
| Parties | Howard HERRING, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Solomon & Mendelow and Harold Mendelow, Miami Springs, Snowden, Kornreich, Reichenthal & Migdall, Miami, for appellant.
Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellee.
Before BARKDULL, HUBBART and DANIEL S. PEARSON, JJ.
The 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).
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Dean v. State, 79-937
...As such, the trial court was authorized under Fla.R.Crim.P. 3.190(h)(3) to deny summarily the motion to suppress. Herring v. State, 394 So.2d 433 (Fla. 3d DCA 1980); State v. Butterfield, 285 So.2d 626 (Fla. 4th DCA As a final blow to the suppression point, it is plain beyond doubt that the......
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State v. Hernandez, 3D02-324.
...v. Gibson, 670 So.2d 1006, 1008 n. 2 (Fla. 2d DCA 1996); Chapman v. State, 446 So.2d 1186, 1187 (Fla. 4th DCA 1984); Herring v. State, 394 So.2d 433, 433 (Fla. 3d DCA 1980). Furthermore, Florida Rule of Criminal Procedure 3.190(h)(3) requires the trial court, before hearing evidence, to det......
- State v. Moyer, 79-1956
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Chapman v. State, 83-1932
...for suppression and also give a general statement of facts in support thereof as required by Fla.R.Crim.P. 3.190(h)(2). Herring v. State, 394 So.2d 433 (Fla. 3d DCA 1980) and Dean v. State, 430 So.2d 491 (Fla. 3d DCA The motion here clearly does state the reasons for suppression and a gener......