STATE v. GUTIERREZ

No. 81-2617.

429 So.2d 62 (1983)

The STATE of Florida, Appellant, v. Juan GUTIERREZ, Appellee.

District Court of Appeal of Florida, Third District.

April 5, 1983.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellant.

Frederick E. Graves, Miami, for appellee.

Before SCHWARTZ, C.J., and HUBBART and NESBITT, JJ.


PER CURIAM.

The state appeals from orders which respectively suppressed, on Miranda grounds, statements made by the defendant when he was being transported to the police station from the place of arrest and granted the defendant's Fla.R.Crim.P. 3.190(c)(4) motion to dismiss charges of possession and trafficking in methaqualone.

Although the arresting officer was the only witness at the hearing, his testimony was in internal self-conflict both as to...

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