E.N. v. State, 512 So. 2d 1159 (Fla. 3d DCA 1987). · Go Syfert
E.N. v. State, 512 So. 2d 1159 (Fla. 3d DCA 1987). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Garcia v. State (fladistctapp, 1988-12-27)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Garcia v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See Singleton v. State, 512 So.2d 1159, 1160 (Fla. 3d DCA 1987) ("[W]e find no abuse of discretion in the trial court's directly responding to the jury's simple request for the elements of the charged crime of burglary by stating those elements, along with the presumption of innocence and the state's burden of proof, without also re-reading a previously given instruction concerning the defense of good faith mistake."); Gonzalez v. State, 502 So.2d 66, 67 (Fla. 3d DCA 1987) ("The trial court also properly limited its response to the jury's request by denying Gonzalez' request to re-instruct the…
Retrieving the full opinion text from the archive…
E.N., a juvenile
v.
The STATE of Florida
No. 85-1656.
District Court of Appeal of Florida, Third District.
Sep 29, 1987.
512 So. 2d 1159
1987 Fla. App. LEXIS 10419
Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant. ., Robert A. Butterworth, Atty. Gen. and Ivy R. Ginsberg, Asst. Atty. Gen., for ap-pellee.
Barkdull, Baskin, Nesbitt.
Published
PER CURIAM.

This appeal questions the propriety of an order denying a motion to suppress.

The record being unclear as to whether the appellant induced error by requesting denial of the motion without evidence being presented or whether the trial court denied the motion to suppress because of the insufficiency of the motion, the judgment of conviction on the nolo plea is reversed with directions to consider the motion to suppress as to its sufficiency, and if found to be sufficient, to then receive evidence in relation thereto.

Reversed with directions.