of the saliva swabs and DNA evidence, which the trial court similarly overruled. After completion of the trial — which began and concluded on October 15, 2003 — the jury convicted Wyche as to all three counts of the information. On November 12, 2003, the trial court imposed a ten-year sentence as to Counts I and III, credited Wyche with 220 days time served, and ordered a five-year term of probation as to Count II. The trial court also adjudicated Wyche a habitual felony offender under section 775.04, Florida Statutes. On appeal, the First District issued a broad opinion with sweeping language, which affirmed the denial of the motion to suppress and held that deception is largely if not totally irrelevant for purposes of conducting a voluntariness inquiry. See Wyche, 906 So.2d at 1144 (<HOLDING>). In my view, the decision of the First
holding that the dismissal of an indictment did not negate the presumption of probable cause holding the fact that officers belief proved to be mistaken does not negate a finding of probable cause holding that the pendency of postconviction motion does not negate the finality of convictions for immigration removal purposes holding that a suspects ability to proffer an innocent explanation for the facts does not negate probable cause holding without qualification that djeception does not negate consent