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STATE v. REED

No. 81-2158.

421 So.2d 754 (1982)

STATE of Florida, Appellant, v. Donald Howard REED, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Trela J. White, Asst. Atty. Gen., West Palm Beach, for appellant.

No appearance for appellee.

HERSEY, Judge.

The state appeals from an order granting a defense motion to suppress a confession in a sexual battery case. We reverse.

The defense filed two motions on October 13, 1981: a motion to compel examination of the scene and a motion to suppress. At the hearing on November 9, 1981 the trial court called both motions to be heard. Apparently the state had not anticipated that the motion to suppress was to be heard at that time. The witnesses were unavailable...

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