Florida District Courts of Appeal, 1984

Rollison v. State

Rollison v. State
Florida District Courts of Appeal · Decided July 11, 1984 · Hurley, Letts, Walden
453 So. 2d 447; 1984 Fla. App. LEXIS 14390 (Southern Reporter, Second Series)

Rollison v. State

Opinion of the Court

PER CURIAM.

We affirm but without prejudice to appellant’s right to apply for relief under the terms of Rule 3.850, Florida Rules of Criminal Procedure, as concerns his sentence.

AFFIRMED.

LETTS and WALDEN, JJ., concur. HURLEY, J., dissents with opinion.

Dissenting Opinion

HURLEY, Judge,

dissenting.

The trial court ruled that the defendant lacked standing to contest the search of a trailer in which he had resided, on a periodic basis, for over two months. This ruling, in my view, was clearly erroneous. See DeLaPaz v. State, 453 So.2d 445 (Fla. 4th DCA 1984); Walker v. State, 433 So.2d 644 (Fla. 2d DCA 1983); Shade v. State, 400 So.2d 850 (Fla. 1st DCA 1981); Brady v. State, 394 So.2d 1073 (Fla. 4th DCA 1981). The search uncovered a rifle, bank bags and money; all of which were introduced at trial. Given the relationship between the crime (armed robbery) and the goods recovered, I am not able to say that the error was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Thus, I respectfully dissent.

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