STATE v. HETZKO

No. 73-340.

283 So.2d 49 (1973)

STATE of Florida, Appellant, v. Clifford Frank HETZKO, Jr., Appellee.

District Court of Appeal of Florida, Fourth District.

September 19, 1973.


Attorney(s) appearing for the Case

Philip S. Shailer, State Atty., and Robert G. Cowen, Asst. State Atty., Fort Lauderdale, for appellant.

Patrick N. Chidnese, Fort Lauderdale, for appellee.


MAGER, Judge.

Defendant was charged with the felony offense of possession of marijuana in excess of 5 grams. A hearing was held before the trial court on defendant's motion to suppress. It was defendant's contention, in essence, that the seizure of the marijuana was the result of an unlawful entry into his home. The trial court entered an order granting defendant's motion to suppress; it is from this order that the state appeals.

The essential facts, which...

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