Wednesday, November 26, 2008

November 21, 2008

Brown, 33 FLW 2632, 4th DCA, error to grant def's motion to prohibit the state form using uncounseled prior felony for enhancement of current DUI charge to felony where the def did not actually receive a sentence of imprisonment in prior case of face sentencing exceeding 6 months in that case-died did not allege his prior DUI included an accident-received in order to show he was subject to a possibility of more than 6 months in the prior case-fact he spent 48 hours in jail prior to his area and after the arrest does not count to imprisonment

Williams, 33 FLW 2634, 4th DCA, handcuffing a def during a temporary detention amounted to unlawful seizure, stop was for speeding, driver of car was in custody before the def was handcuffed, so he posed no threat and pat-down found no weapons preceded the use of handcuffs-def's attempted disposal of marijuana and discovery of meth after the unlawful seizure was fruit of the poisonous tree

Griggs, 33 FLW 2648, 5th DCA, speedy trial-def was arrested when removed from scene of traffic stop and transported to police facility for purpose of ofc booking def or having him to agree to provide substantial assistance to police where it was quite clear to def if he did not accede to the investigator's offer "to talk about it" he would not have been released, agreement to cooperate without more does not act as waiver of speedy trial time-error to deny motion for 175 day discharge

S.E.B, 33 FLW 2661, 2nd DCA, error to deny to dismiss drug charges where evidence was insufficient to prove constructive possession of illegal contraband found beneath center console of vehicle in which juvenile was front-seat passenger and which was registered to the individual not in the car

The Law Offices of Roger P. Foley, P.A.

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