STATE v. CHIVERS

No. 80-985.

400 So.2d 1247 (1981)

STATE of Florida, Appellant, v. James Thomas CHIVERS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied July 16, 1981.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellee.


COBB, Judge.

The defendant below, James Chivers, was charged with two counts of sexual battery upon the female victim. The state appeals the trial court's granting of a motion to suppress four items of tangible evidence taken from defendant's pick-up truck, where one of the alleged batteries occurred. The facts adduced at the hearing on the motion revealed the following sequence of events:

Richard Griffis, deputy sheriff, testified that on May 4, 1980, he...

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