Key v. State, s. 90-3496

CourtCourt of Appeal of Florida (US)
Writing for the CourtJOANOS
Citation589 So.2d 348
PartiesBilly KEY, Appellant, v. STATE of Florida, Appellee. 589 So.2d 348, 16 Fla. L. Week. D2831
Docket NumberNos. 90-3496,90-3689,s. 90-3496
Decision Date06 November 1991

Page 348

589 So.2d 348
Billy KEY, Appellant,
v.
STATE of Florida, Appellee.
Nos. 90-3496, 90-3689.
589 So.2d 348, 16 Fla. L. Week. D2831
District Court of Appeal of Florida,
First District.
Nov. 6, 1991.

Page 349

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.

JOANOS, Chief Judge.

These consolidated cases comprise an appeal from the denial of a motion to suppress evidence obtained in the course of a vehicle inventory, and the imposition of sentences as an habitual felony offender. Appellant contends the inventory search was invalid, because it was conducted in violation of official department policy, and the imposition of habitual felony offender sentences was improper, because appellant's prior convictions were not sequential. We affirm in part, and reverse in part.

The record reflects that on October 4, 1989, a deputy sheriff stopped appellant on suspicion of driving without a valid driver's license. In response to the deputy's signal, appellant pulled his vehicle into an old cable television site road, stopping at a point where a chain barred the road. When the deputy confirmed that appellant did not have a driver's license, he placed appellant under arrest. The vehicle appellant was driving combined the characteristics of an automobile and pick-up truck. The open truck bed contained an unsecured motorcycle and a gas can. Although the parked vehicle did not pose a traffic hazard of any kind, the deputy refused to leave it parked at the cable road until appellant's stepfather arrived to drive it home. Instead, the deputy informed appellant that the vehicle could be towed, one of the officers at the scene could drive it to the department substation, or someone designated by appellant could pick it up within a reasonable time. The deputy determined that the thirty to forty-five minutes it would take appellant's stepfather to arrive at the scene was an unreasonable period of time.

The deputy drove appellant's vehicle to the department substation, and conducted a vehicle inventory, in the course of which he discovered 110 grams of marijuana. Appellant was charged by information with possession of more than twenty grams of cannabis, in violation of section 893.13(1)(e), Florida Statutes, and of driving without a license. Subsequently, the trial court denied appellant's motion to suppress the marijuana seized during the vehicle inventory, finding the initial stop proper because based on the officer's probable cause to believe appellant was driving without a license, and finding the vehicle inventory justified under Walton County Sheriff's Department General Order No. 23, pertaining to vehicle impoundment and inventory, or as a search incident to a lawful arrest. A jury found appellant guilty as charged of possession of twenty grams or more of cannabis, and of driving with a revoked license.

After an examination of the pre-sentence investigation report, the trial court determined that appellant had five prior felony convictions, beginning in November 1986, not including the instant offenses for which appellant...

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4 cases
  • Key v. State, 93-80
    • United States
    • Court of Appeal of Florida (US)
    • 23 juin 1994
    ...1991), "enhanced sentencing under the habitual felony offender statute requires that the prior convictions be sequential." Key v. State, 589 So.2d 348, 350 (Fla. 1st DCA 1991) (Key I The state sought discretionary review in the supreme court, but was unable to convince the supreme court to ......
  • Key v. State, s. 90-3496
    • United States
    • Court of Appeal of Florida (US)
    • 22 septembre 1992
    ...Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahasee, for appellee. OPINION ON MANDATE JOANOS, Chief Judge. In Key v. State, 589 So.2d 348 (Fla. 1st DCA 1991), we affirmed the denial of Key's motion to suppress, but vacated Key's sentencing as an habitual offender, and remanded for a......
  • State v. Key, 78899
    • United States
    • United States State Supreme Court of Florida
    • 2 juillet 1992
    ...Defender and Glen P. Gifford, Asst. Public Defender, Tallahassee, for respondent. PER CURIAM. The opinion under review, Key v. State, 589 So.2d 348 (Fla. 1st DCA 1991), is before this Court based on express and direct conflict with State v. Barnes, 595 So.2d 22 (Fla.1992). We have jurisdict......
  • State v. Key
    • United States
    • United States State Supreme Court of Florida
    • 16 mars 1992
    ...78 598 So.2d 78 State v. Key (Billy) NO. 78,899 598 So.2d 78 Supreme Court of Florida. Mar 16, 1992 Appeal From: 1st DCA 589 So.2d 348 Accepting...

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