RIVERA v. STATE

No. 78-781.

373 So.2d 64 (1979)

Gilfredo RIVERA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 8, 1979.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Jacquelyn S. Plasner, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for appellee.

Before HAVERFIELD, C.J., and BARKDULL and KEHOE, JJ.


HAVERFIELD, Chief Judge.

Gilfredo Rivera, following his conviction for carrying a concealed weapon, appeals the denial of his motion to suppress the evidence seized which he argues was discovered as a result of an unlawful search.

In the early morning hours of February 15, 1977, Officer Larry Blankenship observed the defendant Rivera operating his vehicle in an erratic manner. He stopped the vehicle, asked Rivera to exit and administered a roadside sobriety...

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