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STATE v. LEWIS

No. 76-186.

336 So.2d 395 (1976)

STATE of Florida, Appellant, v. Prince Albert LEWIS et al., Appellees.

District Court of Appeal of Florida, Fourth District.

July 30, 1976.

Attorney(s) appearing for the Case

David H. Bludworth, State's Atty., and William B. King, Asst. State's Atty., West Palm Beach, for appellant.

Philip G. Butler, Jr., of Foley, Colton & Butler, West Palm Beach, for appellee, Lewis.

Nelson E. Bailey, of Bailey & Brown, West Palm Beach, for appellee, Youman.

Richard L. Jorandby, Public Defender, and Henry Prettyman, Sp. Asst. Public Defender, West Palm Beach, for appellee, Reed.

Franklin G. Callas, of O'Connor, Baylor, Callas & Elliott, Palm Beach, for appellee, Jenkins.

PER CURIAM.

The order suppressing the evidence which the State seeks to review was based upon the trial court's consideration of a search warrant predicated upon personal observations of the affiant and a confidential informant in a "controlled buy" circumstance. Under the recent decision of the FLorida Supreme Court in State v. Gieseke, 328 So.2d 16 (Fla. 1976),1 which was not available to the...

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