JOHNSON v. STATE

No. 80-701.

411 So.2d 346 (1982)

James William JOHNSON and Duff Crothers, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 24, 1982.


Attorney(s) appearing for the Case

Michael S. Hacker of Hacker & Matters, Miami, for appellants.

Jim Smith, Atty. Gen., Tallahassee, and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.


BOARDMAN, Judge.

James William Johnson and Duff Crothers appeal judgments and sentences for trafficking in cannabis. We reverse.1

The parties stipulated and the trial court in effect found that since there was no search warrant, appellants had made a prima facie showing of the illegality of the search, yet the court went on to nevertheless leave the burden of proof on appellants. Under Bicking v. State,

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