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Ruiz v. State

District Court of Appeal of Florida, Third District
Apr 28, 1982
412 So. 2d 404 (Fla. Dist. Ct. App. 1982)

Opinion

No. 79-1077.

March 30, 1982. Rehearing Denied April 28, 1982.

Appeal from Circuit Court, Dade County; Herbert Stettin, Judge.

Bennett H. Brummer, Public Defender and Mitchell Bloomberg, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HUBBART, C.J., and HENDRY and BASKIN, JJ.


The final judgment of conviction and sentence under review is affirmed. We reject the defendant's central argument on appeal that the trial court erred in denying the motion to suppress the evidence which formed the basis for the criminal charges in this cause as clearly the search herein was made incident to a valid arrest of the defendant. New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); Chapas v. State, 404 So.2d 1102 (Fla. 2d DCA 1981); Patterson v. State, 402 So.2d 1190, 1192 (Fla. 5th DCA 1981). We have carefully examined the other contentions raised by the defendant and find that they present no reversible error. See e.g., Mackiewicz v. State, 114 So.2d 684, 689 (Fla. 1959); Stanley v. State, 357 So.2d 1031 (Fla. 3d DCA), cert. denied, 364 So.2d 891 (Fla. 1978); Dowling v. State, 210 So.2d 280 (Fla. 2d DCA 1980); § 924.33, Fla. Stat. (1981).

Affirmed.


Summaries of

Ruiz v. State

District Court of Appeal of Florida, Third District
Apr 28, 1982
412 So. 2d 404 (Fla. Dist. Ct. App. 1982)
Case details for

Ruiz v. State

Case Details

Full title:ARMADIO RUIZ, A/K/A ROBERTO PUIG, APPELLANT, v. THE STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Apr 28, 1982

Citations

412 So. 2d 404 (Fla. Dist. Ct. App. 1982)