STATE v. BYRNE

No. 74-948.

311 So.2d 764 (1975)

STATE of Florida, Appellant, v. Kevin Arthur BYRNE, Appellee.

District Court of Appeal of Florida, Fourth District.

May 2, 1975.


Attorney(s) appearing for the Case

Philip S. Shailer, State's Atty., 17th Judicial Circuit, and Jon H. Gutmacher, Asst. State's Atty., Ft. Lauderdale, for appellant.

Steadman S. Stahl, Jr., Joseph A. Varon of Varon, Stahl & Kay, P.A., Hollywood, for appellee.


YAWN, THERON A., Jr., Associate Judge.

The State has appealed the dismissal of a criminal information charging appellee with violently resisting arrest. The appeal rests upon one issue, viz: was appellee's arrest for the misdemeanor possession of marijuana rendered invalid by the ensuing illegal seizure from his person of a quantity of that contraband. We think not.

Appellee was arrested without formal process and subsequently charged in separate informations...

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