SC10-1074 – State of Florida v. Anthony L. Hankerson

State: Florida

Docket No: SC10-1074

Case Date: 04/21/2011

Preview:Supreme Court of Florida
_____________ No. SC10-1074 _____________

STATE OF FLORIDA, Petitioner, vs. ANTHONY L. HANKERSON, Respondent.

[April 21, 2011] REVISED OPINION

CANADY, C.J. The State seeks review of Hankerson v. State, 32 So. 3d 175 (Fla. 4th DCA 2010), in which the Fourth District Court of Appeal reversed Anthony L. Hankersons conviction for possession of cocaine for sale, holding that the trial court should have granted Hankersons motion to suppress evidence obtained from a search undertaken without probable cause. In its decision, the Fourth District refused to consider the States argument on appeal that the evidence was legally discovered following a proper investigatory stop because the theory had not been

raised in the trial court. The Fourth Districts refusal to consider the States theory expressly and directly conflicts with Dade County School Board v. Radio Station WQBA, 731 So. 2d 638, 645 (Fla. 1999), which held that "an appellee, in arguing for the affirmance of a judgment, is not limited to legal arguments expressly asserted as grounds for the judgment in the court below." We have jurisdiction. See art. V,

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