Robinson v. State, 89-466
| Decision Date | 25 October 1989 |
| Docket Number | No. 89-466,89-466 |
| Citation | 551 So.2d 1240,14 Fla. L. Weekly 2498 |
| Parties | 14 Fla. L. Weekly 2498 Lorenzo ROBINSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Bradley R. Bischoff, Asst. Atty. Gen., Tallahassee, for appellee.
Appellant challenges his convictions for possession of cocaine, possession of drug paraphernalia, and escape, asserting that the trial court erred in denying his motion to suppress the cocaine and pipe seized from him because the police officer had no founded suspicion of criminal activity to justify the stop. He also challenges the enhancement of his sentences under section 775.084, Florida Statutes (1988), the habitual felony offender statute. We affirm.
Deputy Rogers testified that he routinely patrolled the Truman Arms Apartments, an area known for drug dealing and use, and that the management of the apartments had issued identification passes to all of the residents and had requested law enforcement to spot check for compliance and prosecute those on the premises without passes for trespass. At about midnight, he drove through the complex and saw a group of black males among the apartment buildings. When he left his patrol car and began walking toward them, they ran. When he "hollered" for them to stop, appellant stopped, went down on his knees and attempted to bury a device which the officer, because of his training and experience, recognized as a crack pipe. Rogers testified that his purpose in approaching the group was to ascertain whether they possessed Truman Arms residence identification and that he had no intention of arresting appellant until he observed the crack pipe.
Rogers ordered appellant to get up, retrieved the pipe and placed him under arrest for possession of drug paraphernalia. He then handcuffed appellant, patted him down, and proceeded to pat down two other individuals, whereupon appellant jumped up and ran away. Other officers helped apprehend him, whereupon Rogers again patted him down and found crack cocaine.
The trial court did not abuse its discretion in denying appellant's motion to suppress the cocaine and pipe. The record supports a finding that the arresting officer possessed a founded suspicion of trespass which justified stopping appellant to ascertain his identity and the circumstances surrounding his presence at the apartment complex, that after seeing the crack pipe he had probable cause to arrest appellant, and that the cocaine was found during a legal search incident to the arrest.
As to the habitual felony offender sentence, appellant argues that his 1986 convictions were not corroborated by...
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