CURRY v. STATE

No. 77-1100.

355 So.2d 462 (1978)

Roy Francis CURRY, Sr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 20, 1978.


Attorney(s) appearing for the Case

Lawrence D. Martin of Vega, Brown & Nichols, P.A., Naples, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


GRIMES, Acting Chief Judge.

The appellant attacks his conviction of possession of heroin and conspiracy to possess heroin on two grounds. We find that both points are well taken.

First, the appellant contends that the court erroneously denied his motion to suppress evidence seized in a warrantless search for lack of standing without giving him the opportunity to testify concerning his right to contest the search. A statement of particulars alleged that both...

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