MONTALVO v. STATE

No. 86-1643.

520 So.2d 292 (1987)

John MONTALVO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing and Rehearing Denied February 24, 1988.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


Rehearing and Rehearing En Banc Denied February 24, 1988.

SCHEB, Acting Chief Judge.

Defendant appeals his judgment and sentence for possession of drug paraphernalia, carrying a concealed firearm, and possession of cocaine. He contends that the trial court erred in denying his motion to suppress evidence seized by police and in departing upward from the sentencing guidelines without clear and convincing reasons. We think that his arguments have merit.

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