State v. Thomas

Full title: STATE OF FLORIDA, APPELLANT, v. NATHANIEL HIRUM THOMAS, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 23, 1993

616 So. 2d 637 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-1899.

April 23, 1993.

Appeal from the Circuit Court for Osceola County; Gary L. Formet, Sr., Judge.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Nancy Ryan, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellee.

PER CURIAM.

The State appeals from the order of the trial court granting Thomas's motion to suppress. The identical issue was decided in favor of the State and adversely to Thomas in a companion case. See State v. Thomas, 604 So.2d 1277 (Fla. 5th DCA 1992). Accordingly, we reverse the order and remand the cause for further proceedings.

REVERSED and REMANDED.

HARRIS and THOMPSON, JJ., concur.

GOSHORN, C.J., dissents with opinion.

GOSHORN, Chief Judge, dissenting.

I respectfully dissent for the reasons set forth in my dissent in State v. Thomas, 604 So.2d 1277 (Fla. 5th DCA 1992).