PESCE v. STATE

No. 72-1006.

288 So.2d 264 (1974)

Anthony PESCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 18, 1974.


Attorney(s) appearing for the Case

James M. Campbell, Law Offices of J. Russell Hornsby, Orlando, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, Nelson E. Bailey, Stephen Koons and C. Marie Bernard, Asst. Attys. Gen., West Palm Beach, for appellee.


WALDEN, Judge.

Appellant was tried by jury and convicted of two counts of violating the gambling statute, Section 849.01, F.S. 1971, F.S.A. We reverse and remand with instructions that appellant be discharged.

We find merit in part 1 of appellant's Point I, only. It is a challenge to the adequacy of the affidavit upon which the search warrant dated June 7, 1972, was based. That affidavit provided:

[1] "Your affiant is a Police Officer and has been...

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