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Supreme Court of Florida


Petion v. State of Florida, SC09-664

In a conviction of defendant for drug related offenses, third district's reversal of the conviction in granting a new trial is quashed and remanded as, when an appellate court is reviewing a bench trial, it should presume that the trial court judge rested its judgment on admissible evidence and disregarded inadmissible evidence, unless the record demonstrates that the presumption is rebutted through a specific finding of admissibility or another statements that demonstrates the trial court relied on the inadmissible evidence.

Appellate Information

  • Decided 10/21/2010
  • Published 10/21/2010

Judges

  • LEWIS

Court

  • Supreme Court of Florida

Counsel

  • For Appellant:
  • Carey Haughwout, Bill McCollum

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