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STATE v. FERNANDEZ

No. 86-588.

501 So.2d 648 (1986)

The STATE of Florida, Appellant, v. Francisco FERNANDEZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 18, 1987.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellant.

Bronis & Portela and Michael W. Burnbaum, Miami, for appellee.

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

PER CURIAM.

This is an appeal by the State of Florida from the trial court's order granting Fernandez's motion to suppress physical evidence seized from a private home. The trial court suppressed the evidence because of the unlawful search of the home. We affirm.

We disagree with the state's argument that Fernandez has no standing to contest the search since he was not the owner or lessee of the premises searched. The record reveals that Fernandez was an invited...

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