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HUTCHENS v. STATE

No. 84-1812.

478 So.2d 1192 (1985)

Gary HUTCHENS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 29, 1985.

Attorney(s) appearing for the Case

James E. Taylor, Jr., of Taylor & Wilson, Orlando, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

AFFIRMED.

UPCHURCH and COWART, JJ., concur.

COBB, C.J., dissents with opinion.

COBB, Chief Judge, dissenting.

I dissent on the basis that, as I read the record in this case, the search at issue was not contemporaneous with the arrest, as required by New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), the case relied upon by the trial court at the suppression hearing...

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