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MONTGOMERY v. STATE

No. Z-429.

332 So.2d 679 (1976)

John Robert MONTGOMERY, Appellant (Defendant), v. STATE of Florida, Appellee (State).

District Court of Appeal of Florida, First District.

Rehearing Denied June 22, 1976.

Attorney(s) appearing for the Case

P. Kevin Davey, of Douglass & Powell, Tallahassee, for appellant.

Robert L. Shevin, Atty. Gen., A.S. Johnston, Asst. Atty. Gen., for appellee.

BY THE COURT.

Montgomery was charged with and found guilty of possession of, importation of, and possession with intent to sell more than five grams of marijuana. A jury found him guilty of all charges. He was adjudged guilty and sentenced.

Montgomery appeals and contends the trial court erred in the following respects:

1. By denying his motion to suppress the marijuana. We do not agree. State v. Dycus, 238 So.2d 493

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