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HARVEY v. STATE

No. BK-315.

502 So.2d 1305 (1987)

Kenneth James HARVEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

February 23, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Terry P. Lewis, Sp. Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from a judgment and sentence entered upon a plea of nolo contendere to trafficking in cocaine, possession of more than 20 grams of marijuana, and carrying a concealed firearm. The plea was entered after a motion to suppress was denied but stipulated by the parties to be dispositive of the case.

On appeal, appellant attempts to distinguish State v. Dilyerd, 467 So.2d 301

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