ERROL LATSON vs THE STATE OF FLORIDA

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Third District Court of Appeal State of Florida Opinion filed June 26, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D18-115 Lower Tribunal No. 10-6101A ________________ Errol Latson, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Ellen Sue Venzer, Judge. Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and G. Raemy Charest-Turken, Assistant Attorney General, for appellee. Before SALTER, FERNANDEZ, and HENDON, JJ. HENDON, J. Errol Latson appeals from a final judgment of conviction and sentence. We affirm. The suppression issue that Latson raises in this appeal is identical to the suppression issue he raised in his probation revocation appeal. This Court has already ruled and affirmed the trial court’s order denying Latson’s motion to suppress in that proceeding. See Latson v. State, 227 So. 2d 587 (Fla. 3d DCA 2017). Thus, Latson is barred by the principle of res judicata from raising the identical issue in this appeal from his convictions for robbery and first degree murder. See Gordon v. Gordon, 59 So. 2d 40, 44 (Fla. 1952) (“[U]nder res ajudicata a final decree of judgment bars a subsequent suit between the same parties based upon the same cause of action and is conclusive as total matters germane thereto that were or could have been raised.”). Affirmed. 2

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