Legal Opinion

T. C. v. State

District Court of Appeal of Florida

Decided July 23, 1976No. 75-1528PublishedCited by 5 opinions

1Opinion of the Court

PEARSON, Judge.

The appellant was adjudicated a delinquent upon a finding that he was guilty of grand larceny. Immediately prior to trial, the public defender, on behalf of the child, filed a motion to suppress certain evidence. The circuit judge denied the motion without a hearing thereon. The record of the subsequent hearing on the charge makes clear that there was a substantial question presented by the motion. We hold that the circuit judge committed reversible error in denying the motion without a hearing on the merits. See CrPR 3.190(h)(3).

The motion was legally sufficient and the…

2Cases cited2 opinions

  1. Davis v. StateDistrict Court of Appeal of Florida · 1969
  2. Foster v. StateDistrict Court of Appeal of Florida · 1971

3Cited by5 opinions

  1. Savoie v. StateSupreme Court of Florida · 1982
  2. Martin v. StateDistrict Court of Appeal of Florida · 1995
  3. Savoie v. StateDistrict Court of Appeal of Florida · 1981
  4. C. J. v. StateDistrict Court of Appeal of Florida · 1977
  5. TC v. StateDistrict Court of Appeal of Florida · 1976

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