McGRAW v. STATE

No. NN-438.

387 So.2d 444 (1980)

Thomas David McGRAW, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied September 16, 1980.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Harold W. Long, Jr., Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Doris E. Jenkins, Asst. Atty. Gen., for appellee.


PER CURIAM.

McGraw appeals the denial of his motion to dismiss a charge of carrying a concealed firearm; the denial of his motion to suppress marijuana and a firearm seized from his truck; and the imposition of an allegedly illegal sentence. We reverse.

The pertinent facts are as follows: On December 28, 1978 McGraw was stopped by Officer Richardson for driving in an erratic manner. Richardson made McGraw step to the rear of his truck, where he told McGraw...

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