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STATE v. ELBERTSON

No. 76-993.

340 So.2d 1250 (1976)

The STATE of Florida, Appellant, v. William Stanley ELBERTSON, Appellee.

District Court of Appeal of Florida, Third District.

December 20, 1976.

Attorney(s) appearing for the Case

Richard E. Gerstein, State's Atty., and George Volsky, Asst. State's Atty., for appellant.

Richard G. Taylor, Miami, for appellee.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PEARSON, Judge.

The State has appealed an order granting the defendant's motion to suppress marijuana plants seized at the time of his arrest for the possession of a controlled substance. The trial judge has set forth the facts found to have been established at the hearing on the motion.

"1. The arresting officers went to the residence of the Defendant at night as a result of a report of a burglary in progress. They also were to serve a warrant on another...

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