District Court of Appeal of Florida

An order suppressing evidence, specifically two used condoms, in a prosecution for lewd or lascivious molestation, capital sexual battery, and lewd or lascivious battery is affirmed where the record supported a conclusion that defendant's daughter, the victim, was acting as an instrument or agent of the state when she retrieved the condoms from inside the house, solely at the suggestion and direction of a detective.

Appellate Information

• Decided 01/05/2007
• Published 01/05/2007

Judges

• SILBERMAN, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellant.


• For Appellees:
  
• Mark A. Goettel of Mark A. Goettel, P.A., New Port Richey, for Appellee.