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STATE v. McCREE

No. 81-1936.

417 So.2d 1021 (1982)

The STATE of Florida, Appellant, v. Johnny McCREE, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 25, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for appellant.

Irv J. Lamel, Coral Gables, for appellee.

Before NESBITT, FERGUSON and JORGENSON, JJ.

PER CURIAM.

We affirm the judgment of the trial court suppressing the confession of Johnny McCree, based on the trial court's finding that the arrest was unlawful and without probable cause. Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975). No attenuation occurred according to this record between the time of the unlawful arrest and the confession. Dunaway v. New York, 442 U.S. 200

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