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STATE v. CARNEY

No. 82-808.

423 So.2d 511 (1982)

The STATE of Florida, Appellant, v. Leonard CARNEY and Eugene Garcia, Appellees.

District Court of Appeal of Florida, Third District.

December 14, 1982.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Charles A. Stampelos, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender and John H. Lipinski and Arthur E. Huttoe, Sp. Asst. Public Defenders, for appellees.

Before NESBITT, BASKIN and FERGUSON, JJ.

FERGUSON, Judge.

We affirm the order of the trial court granting appellees' motion to suppress illegally obtained evidence.

On the points raised as error by the state we hold (1) the trial court's finding of fact that there was no articulable suspicion to support the initial stop of the defendants is supported by the record and must be accepted. State v. Battleman, 374 So.2d 636 (Fla 3d DCA 1979), (2) neither the...

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