168 So. 2d 162 | Fla. Dist. Ct. App. | 1964
The appellants were charged, tried, convicted and sentenced for the crime of breaking and entering and grand larceny.
On appeal from the judgment of conviction and sentence, the appellants’ sole ground for reversal is the alleged error of the trial judge in denying" appellants’ motion to suppress certain evidence. The evidence sought to be suppressed was allegedly obtained as the result of an unlawful search of a motel room rented by the appellant James Fletcher but occupied by both appellants who are brothers.
The appellants contend that their convictions were obtained as a result of the introduction of evidence seized incidental to an unlawful search. We have reviewed the testimony taken before the trial judge on appellants’ motion to suppress and find that the evidence (items of jewelry) sought to be excluded was found on the grounds of the motel underneath the window of a room allegedly occupied by appellants. When entrance was gained to the room by
The judgment of conviction and sentence appealed is affirmed.
Affirmed.