Ferrazzoli v. State
Docket: AQ-431
Court: District Court of Appeal of Florida; December 15, 1983; Florida; State Appellate Court
Patsy Ferrazzoli was charged with multiple drug-related offenses, including trafficking in cocaine and possession of a firearm during the commission of a felony. Ferrazzoli filed motions to suppress physical evidence and statements made to police, which were denied by the trial judge without a formal evidentiary hearing, despite defense counsel's request to be heard on the day of trial. The judge's decision was based on a court order that limited hearings on motions unless specifically set by the court. Ferrazzoli entered a nolo contendere plea to the trafficking charge, preserving the right to appeal the denial of the motions to suppress. The appellate court found that the trial judge's review of documents did not fulfill the evidentiary hearing requirements specified in Florida Rule of Criminal Procedure 3.190(h)(3). The court concluded that an evidentiary hearing was necessary to properly address the motions to suppress. The appellate court rejected the appellee's argument that Ferrazzoli waived the issue, noting that defense counsel had clearly indicated their intention to pursue the motions. As a result, the appellate court reversed the trial court's decision and remanded the case for an evidentiary hearing on the motions to suppress. Judges Larry G. Smith and Wentworth concurred with this decision.