Wednesday, February 25, 2009

February 20, 2009

Galazz, 34 FLW 335, 3rd DCA, suspended sentence, standing alone, is an illegal sentence - power to suspend sentence can be exercised only as incident to probation - trial court properly vacated the plea - to render suspended sentence illegal, it would be necessary to add term of probation

Chen and Fifnje, 34 FLW 339, 2nd DCA, Anticipatory warrant - U.S. v. Grubbs, 547 U.S. 90(2006), long opinion for your review, ruled for the state that anticipatory warrant need not specify the triggering condition but need only id the place to be searched and the persons or things to be seized, and supporting affidavit must give the magistrate with sufficient info to evaluate where there exists a fair probability that contraband will be found at the place to be searched if the triggering condition occurs and if there is pc that the triggering condition occurs - Controlled delivery case

Wright, 34 FLW 344, 2nd DCA, motel room - exigent circumstances - although def was suspect in domestic violence case and was believed to be violent and armed, there were at least five officers at the motel and another two plain clothes units monitoring the area, no indication that the def was aware of the police presence outside the hotel, and state did not show there was insufficient time to secure the warrant before the officers opened the door and ordered the def out of the room to effectuate his arrest

Almond, 34 FLW 372, 1st DCA, failure to register as a sex offender after change of address - hearsay - error to admit registration forms and def application for a driver's license where none of the documents were self-authenticating business records, records custodian was not present to testify as to their authenticity and not public records exception to the hearsay rule - error to admit testimony of the deputy that he verified that the def did not reside at his address after speaking to a resident at that address, he located the def after speaking to his girlfriend, that the def was residing at a different address based on info he gathered, knew he was required to register based on info he received from FDLE - hearsay by inescapable inference

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

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