HEARNS v. STATE

No. 71-80.

262 So.2d 907 (1972)

Bill HEARNS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 26, 1972.


Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, Norman J. Kapner and Edward H. Fine, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Raymond L. Marky and Herbert Schwartz, Asst. Attys. Gen., Tallahassee, for appellee.


PER CURIAM.

Defendant was convicted of robbery and sentenced to life imprisonment. He appeals. We reverse and remand for a new trial.

We have considered the points on appeal and the appellate presentment. From the totality of the evidence we conclude that two reversible errors appear, as follows:

1. Defendant was the subject of an illegal search and seizure, the fruit being a hand gun which should not have been received in evidence. Defendant was stopped...

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