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KELLY v. STATE

No. Y-101.

321 So.2d 98 (1975)

Lawrence KELLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 5, 1975.

Attorney(s) appearing for the Case

Gary R. Dunham, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Michael M. Corin, Asst. Atty. Gen., for appellee.

SMITH, Judge.

On this appeal from a judgment of conviction for possession of a controlled substance, we have considered appellant's assertion that the traffic arrest to which the search was incident was a pretext for the search, in the sense described and condemned in State v. Holmes, 256 So.2d 32 (Fla.App.2nd, 1972), cert. disch., 273 So.2d 753 (Fla. 1973), and consequently that the

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