Martin v. State

WOLF, Judge.

Appellant raises three issues in this appeal of his criminal conviction for burglary of a dwelling. Because we find the trial court’s denial of a hearing on appellant’s motion to suppress to be error, we reverse the conviction and do not reach appellant’s other points.

Appellant’s motion to suppress, filed five days prior to trial, was timely under rule 3.190(h)(4), Florida Rules of Criminal Procedure; therefore, we find it was an abuse of discretion for the trial court to refuse to grant appellant an evidentiary hearing on that motion. See Ferrazzoli v. State, 442 So.2d 1056 (Fla.…