STATE v. STIRRUP

No. 83-2565.

469 So.2d 845 (1985)

The STATE of Florida, Appellant, v. Delmer STIRRUP, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 17, 1985.


Attorney(s) appearing for the Case

Janet Reno, State Atty. and Jim Smith, Atty. Gen. and Richard L. Shiffrin, Asst. State Atty., for appellant.

Michael Zelman, Miami, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.


FERGUSON, Judge.

The State of Florida appeals an order on motion for post-conviction relief which sets aside a conviction and sentence, and grants a new trial.

Defendant, a high-ranking police officer, was convicted on three charges: possession of a controlled substance, possession of drug paraphernalia, and trafficking in cocaine. The distilled facts are as follows. When police officers entered defendant's home armed with a search warrant they found a pound...

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