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STATE v. YUNKER

No. 80-1202.

402 So.2d 591 (1981)

STATE of Florida, Appellant, v. Edward John YUNKER, Appellee.

District Court of Appeal of Florida, Fifth District.

August 26, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee and Barbara Ann Butler, Asst. Atty. Gen., Daytona Beach, for appellant.

James Gibson, Public Defender, and Lynda Campbell, Asst. Public Defender, Daytona Beach, for appellee.

PER CURIAM.

This is an appeal from an order granting a motion to suppress evidence. The effect of the order is to exclude at trial evidence relating to illegal drugs seized from the defendant appellee. The order does not state the basis for the suppression, but the defendant's motion alleged the drugs were seized incident to an illegal misdemeanor arrest for an offense not committed in the presence of the arresting officer. § 901.15(1), Fla. Stat.; Kirby v...

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