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ANNICARO v. STATE

No. 78-1840.

375 So.2d 860 (1979)

Dennis ANNICARO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 24, 1979.

Attorney(s) appearing for the Case

Bernard Berman of Roderman & Berman, P.A., Fort Lauderdale, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

AFFIRMED.

LETTS and MOORE, JJ., concur.

DOWNEY, C.J., dissents with opinion.

DOWNEY, Chief Judge, dissenting:

Appellant was convicted by a jury of the charge of possession of a controlled substance. From the judgment and sentence he appeals, assigning as the primary errors the failure to grant his motion to suppress and his motion for directed verdict during trial.

The evidence adduced upon hearing of the motion...

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