5D00-1285 Irons v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D00-1285

Case Date: 06/25/2001

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2001

DANEAL J. IRONS, Appellant, v. STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed June 29, 2001 Appeal from the Circuit Court for Orange County, Maura T. Smith, Judge. James B. Gibson, Public Defender, and Rosemarie Farrell, Assistant Public Defender, Daytona Beach, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. Irons appeals from his judgment and sentences for sexual battery and attempted sexual battery. On appeal, Irons argues that the results of a search of his person while in jail should have been suppressed. We disagree and conclude that the search was reasonable, given its purpose, the manner in which it was conducted and its minimal intrusion. See Gonzalez v. State, 541 So.2d1354 (Fl. 3d DCA 1989); Vera v. State, 400 So.2d 1008 (Fla. 3d DCA 1981). See also Bell v. Wolfish, 441 CASE NO. 5D00-1285

U.S. 520, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979). We find that any violation of section 901.211 was de minimus. We decline to certify conflict on the sentencing issue because the position of our sister court in Hudson v. State. 765 So. 2d 273 (Fla. 1st DCA 2000) and Burrows v. State, 649 So.2d 902 (Fla. 1st DCA 1995) seems unclear to us. See Lowery v. State, 754 So.2d 888 (Fla. 5th DCA 2000) (declining to find express conflict where exact sentencing disposition in other case was unclear). AFFIRMED.

PETERSON and ORFINGER, R.B., JJ., concur.

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