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ANDERSON v. STATE

No. 87-2151.

526 So.2d 1054 (1988)

Albert Ray ANDERSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

June 21, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Steven T. Scott, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.

PER CURIAM.

Affirmed.

BARKDULL and NESBITT, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

While the actions of the defendant may well have given rise to a founded suspicion that he had committed some offense in the immediate past, they gave no indication whatever that he was about to engage in criminal conduct in the near future, as is required to sustain a charge of loitering and prowling. D.A. v. State, 471 So.2d...

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