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KINSLER v. STATE

No. 77-1204.

360 So.2d 24 (1978)

Horace C. KINSLER, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 28, 1978.

Attorney(s) appearing for the Case

Jack O. Johnson, Public Defender, Bartow and Paul C. Helm, Asst. Public Defender, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee and Richard G. Pippinger, Asst. Atty. Gen., Tampa, for appellee.

RYDER, Judge.

Appellant contends the trial court erred in denying his motion to suppress the use of his footprint as evidence against him during his trial on charges of robbery and burglary. We find merit in his arguments and reverse.

On October 1, 1977, two men entered the home of Mr. and Mrs. Robert Staton and robbed them of their wallets containing approximately forty-three dollars. When the police investigated the crime, they found it

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