KILPATRICK v. STATE

No. AC-176.

403 So.2d 1104 (1981)

Ken KILPATRICK and Cherie Kilpatrick, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 17, 1981.


Attorney(s) appearing for the Case

Philip J. Padovano, Tallahassee, for appellants.

Jim Smith, Atty. Gen., and Lawrence A. Kaden, Asst. Atty. Gen., for appellee.


McCORD, Judge.

This is an appeal from the trial court's order withholding adjudication of appellants' guilt and placing them on probation after their pleas of nolo contendere to possession of narcotic paraphernalia and possession of a controlled substance. The pleas preserved the appellants' right to appeal the trial court's denial of their motion to suppress, which the parties stipulated was dispositive of the case. We reverse.

At the motion hearing, police...

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