SMITH v. STATE

No. Y-526.

333 So.2d 91 (1976)

David Allen SMITH and Dennis S. Stone, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 30, 1976.


Attorney(s) appearing for the Case

William R. Slaughter, II, Slaughter & Slaughter, Live Oak, for appellants.

Robert L. Shevin, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., for appellee.


BOYER, Chief Judge.

Pursuant to their pleas of nolo contendere, appellants received concurrent five year sentences for possession of marijuana with intent to sell and possession of cocaine. Their pleas were conditioned upon a reservation of a right to appeal the trial court's denial of their motion to suppress evidence. Appellants now claim on this appeal that the evidence used to convict them was obtained by means of an illegal arrest.

On the morning of January...

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