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EMBRY v. STATE

No. 73-1259.

326 So.2d 193 (1976)

John Joseph EMBRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 6, 1976.

Attorney(s) appearing for the Case

Donald J. Beuttenmuller, Jr., of Anderson, Letts & Beuttenmuller, Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Frank B. Kessler, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

This cause was remanded to this Court "* * * for disposition of any other questions which were brought to that court for review", State v. Embry, 322 So.2d 515 (Fla. 1975). There is only one issue that remains untreated:

"I. Whether the challenged search can be justified as incident to a lawful arrest or as being based upon a probable cause."

Upon consideration of this issue, it is our opinion...

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