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SMITH v. STATE

No. 83-2147.

465 So.2d 603 (1985)

Daniel SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 19, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Julie S. Thornton and Jean Howard, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

Defendant Smith appeals a final judgment and sentence entered upon a jury verdict finding him guilty of first degree murder. We hold that the trial court erred in refusing to suppress evidence seized in a warrantless search of Smith's home. In addition, we find error in the court's refusal to suppress Smith's confession obtained when police informed him they had searched his home over his objection and had seized incriminating evidence. We reverse and...

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