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HUPPERTZ v. STATE

No. 79-2303.

399 So.2d 992 (1981)

Nicolaas Mathias HUPPERTZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 10, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Lawrence J. Stein, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and James H. Greason and Theda James, Asst. Attys. Gen., for appellee.

Before SCHWARTZ and FERGUSON, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.

SCHWARTZ, Judge.

Huppertz was charged with grand theft by attempting to pass a bad check and, because of that offense, with violating a term of probation for possession of a controlled substance.1 The trial judge ruled that the check in question had been unlawfully seized from the defendant and suppressed, as to the substantive case only, both the check and a statement he made immediately after the seizure.2

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