STATE v. SPENCE

No. 83-2284.

448 So.2d 599 (1984)

STATE of Florida, Petitioner, v. Sharon M. SPENCE, Respondent.

District Court of Appeal of Florida, Second District.

April 13, 1984.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for petitioner.

Jerry Hill, Public Defender, and L.S. Alperstein, Asst. Public Defender, Bartow, for respondent.


OTT, Chief Judge.

The State of Florida has filed a Petition for Writ of Certiorari seeking review of an appellate decision of the circuit court. We grant certiorari because there was a departure from the essential requirements of law.

The respondent, Sharon M. Spence, was arrested without a warrant and charged with misdemeanor possession of marijuana. She filed a motion to suppress evidence. The county court granted the motion, concluding that probable cause...

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