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NEAL v. STATE

No. 83-2157.

456 So.2d 897 (1984)

Dennis Clay NEAL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 10, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, and Michael E. Raiden, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.

SCHEB, Judge.

This appeal presents a single issue. Did the trial court err in refusing to suppress evidence seized from Dennis Clay Neal, who was arrested by law officers under the mistaken belief that he was the person named in an outstanding warrant for arrest?

On April 6, 1983, investigator Robert Smith of the Lee County Sheriff's Department observed Neal in a parking lot outside Club 21 in Fort Myers. Smith mistook Neal for a man named Otis Blanks, because...

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