Legal Opinion

Barnes v. State

District Court of Appeal of Florida

Decided December 20, 2011No. 1D11-0955Published

1Per curiam

Appellant, Dennis A. Barnes, appeals his conviction and sentence for possession of a firearm by a convicted felon. He raises three issues on appeal, only one of which merits discussion. He contends that the trial court erred in denying his motion to suppress because his estranged wife, who *1288was not staying in the marital home, had no authority to consent to a search of the home. We reject this argument and affirm Appellant’s conviction and sentence.

Based upon the wife’s testimony below, she left the marital home due to Appellant’s abuse. A few days later, she called the police to report the…

2Cases cited4 opinions

  1. United States v. MatlockSupreme Court of the United States · 1974
  2. Pagan v. StateSupreme Court of Florida · 2002
  3. Backus v. United StatesCourt of Appeals for the Eleventh Circuit · 2003
  4. State v. PurifoyDistrict Court of Appeal of Florida · 1999

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