State v. Hankerson

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Justia Opinion Summary

The State sought review of the district court's reversal of defendant's convictions for possession of cocaine for sale. At issue was whether the district court erred in refusing to consider the State's argument on appeal that the evidence was legally discovered following a proper investigatory stop because the theory had not been raised in the trial court. The court held that the Fourth District's refusal to consider the state's theory expressly and directly conflicted with Dade County School Board v. Radio Station WQBA, which held that "an appellee, in arguing for the affirmance of a judgment, is not limited to legal arguments expressly asserted as grounds for the judgment in the court below." Therefore, the court concluded that the Fourth District properly determined that the factual circumstances of the case supported the trial court's conclusion that police officers had probable cause to search defendant. Accordingly, the Fourth District's decision was quashed.

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Supreme Court of Florida THURSDAY, JUNE 30, 2011 CASE NO.: SC10-1074 Lower Tribunal No.: 4D08-3055, 08-3145CFAMB STATE OF FLORIDA Petitioner(s) vs. ANTHONY L. HANKERSON Respondent(s) In light of the revised opinion, the Respondent s Motion for Rehearing is hereby denied. No Motion for Rehearing will be allowed. CANADY, C.J., and QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur. PARIENTE and LEWIS, JJ., dissent. A True Copy Test: jn Served: HON. PETER D. BLANC, CHIEF JUDGE MARK JOHN HAMEL JAMES JOSEPH CARNEY GARY LEE CALDWELL HON. SHARON BOCK, CLERK HON. MARILYN BEUTTENMULLER, CLERK