McCLAIN v. STATE

No. YY-243.

408 So.2d 721 (1982)

Kelvin David McCLAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

January 12, 1982.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, and Melanie Ann Hines, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, and Todd Foster, Legal Intern, for appellee.


SHIVERS, Judge.

McClain pled no contest to a charge of possession of a firearm by a convicted felon, preserving his right to appeal the trial court's denial of his motion to suppress the weapon. Because McClain is correct that the firearm was unlawfully seized, we reverse his conviction.

A Jacksonville sheriff's detective was patrolling in his unmarked car through the west side of the city in the early afternoon when he noticed McClain and a companion. The...

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