HUNTER v. STATE

No. 79-370.

375 So.2d 1152 (1979)

Carol Volzone HUNTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

October 17, 1979.


Attorney(s) appearing for the Case

Wilbur C. Smith, III, of Smith, Johnson, Carta & Mockler, Ft. Myers, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Michael A. Palecki, Asst. Atty. Gen., Tampa, for appellee.


OTT, Judge.

A police officer spotted marijuana growing on the upper balcony of appellant's apartment. He obtained a warrant and searched the apartment. We affirm the order denying appellant's motion to suppress, but feel the point involved warrants discussion.

Appellant's attack on the search was addressed to the sufficiency of the affidavit upon which the warrant issued. The affidavit failed to affirmatively allege where the officer was standing when he first...

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