DAVIS v. STATE

No. 86-809.

497 So.2d 1344 (1986)

Curtis Oliver DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 26, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

The defendant pleaded nolo contendere to one count of possession of cocaine, reserving his right to appeal the denial of his motion to suppress in which he asserted that the evidence was obtained as a result of an illegal search. A second charge of resisting arrest without violence (section 843.02, Florida Statutes (1985)) was nolle prossed. We reverse.

The trial court heard no witnesses on the motion to suppress, but was presented with some...

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