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KING v. STATE

Nos. HH-280, HH-296.

371 So.2d 120 (1978)

George Lynn KING, Appellant, v. STATE of Florida, Appellee. Larry Frank MORRIS, Appellant, v. State of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 1, 1978.

Attorney(s) appearing for the Case

Larry G. Turner, Gainesville, for appellant (HH-280), Daniel T. O'Connell of O'Connell & Hulslander, Gainesville, for appellant (HH-296).

Robert L. Shevin, Atty. Gen. and Wallace E. Allbritton, Asst. Atty. Gen. (HH-280 and HH-296), for appellee.

ERVIN, Judge.

King and Morris appeal their convictions for the offense of delivery of marijuana. They argue the lower court erred in denying their motion to suppress the evidence taken from Morris' home following an alleged illegal entry in violation of Section 901.19(1), Florida Statutes (1975), and without Morris' voluntary consent. We agree and reverse.

At the hearing on motion to suppress, Dennis Lee Fischer, special agent with the Florida Department of...

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