RILEY v. STATE

No. 70-909.

266 So.2d 173 (1972)

Mark Thomas RILEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied September 29, October 25, 1972.


Attorney(s) appearing for the Case

Walter N. Colbath, Jr., Public Defender, and Jeffrey H. Barker, Asst. Public Defender, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Andrew I. Friedrich, Asst. Atty. Gen., West Palm Beach, for appellee.


OWEN, Judge.

Appellant, charged with possession of marijuana, sought to have the tangible evidence suppressed. When the motion was denied, appellant voluntarily changed his plea to nolo contendere expressly reserving his right to seek appellate review of the order denying the motion to suppress. The propriety of that order is the sole issue here.

The pertinent facts revealed at the hearing on motion to suppress are summarized as follows: At 1:45 a.m. a police...

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