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STATE v. BAXTER

Nos. 79-1045, 79-1173.

378 So.2d 1339 (1980)

STATE of Florida, Appellant, v. Carroll Julian BAXTER and Timothy Brian Hamilton, Appellees.

District Court of Appeal of Florida, Second District.

January 18, 1980.

Attorney(s) appearing for the Case

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

Jack T. Edmund, Bartow, for appellee Baxter.

Jack O. Johnson, Public Defender, and David A. Davis, Asst. Public Defender, Bartow, for appellee Hamilton.

GRIMES, Chief Judge.

By this appeal, the state challenges the standard used by the trial court in granting the defendants' motions to suppress.

The state filed an information charging defendants Baxter and Hamilton with burglary and grand theft. Thereafter both defendants filed motions to suppress evidence, and defendant Hamilton also filed a motion to suppress a confession. At the hearing on these motions, Polk County Sheriff's Deputy Merle Bullard testified...

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