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STATE v. BARNES

No. UU-363.

390 So.2d 1243 (1980)

STATE of Florida, Appellant, v. Thomas Quinton BARNES, Appellee.

District Court of Appeal of Florida, First District.

December 11, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, for appellant.

Michael J. Minerva, Public Defender; and Margaret Good, Asst. Public Defender, Tallahassee, for appellee.

WENTWORTH, Judge.

This is an interlocutory appeal by the state from an order granting defendant Thomas Quinton Barnes' motion to suppress illegally seized evidence.

The stipulated facts were as follows: Sheriff's Deputy James Tucker was informed there was marijuana growing behind Barnes' mobile home. From an adjoining neighbor's property, during daylight hours, Tucker, using binoculars, saw a plant among other weeds...

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