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STUART v. STATE

No. 79-100.

389 So.2d 4 (1980)

Burr W. STUART, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 5, 1980.

Attorney(s) appearing for the Case

Engel, Aronson, Fried & Cohn and Don S. Cohn, Miami, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and NESBITT, JJ.

PER CURIAM.

The appellant's judgment of conviction is reversed with directions to discharge him from custody. Because of the reasons and authorities stated in Royer v. State, 389 So.2d 1007 (Fla. 3d DCA 1980((en banc) and State v. Frost, 374 So.2d 593 (Fla. 3d DCA 1979), we find the trial court erroneously denied appellant's motion to suppress the physical evidence.

Reversed...

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