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CLEMONS v. STATE

No. 88-860.

533 So.2d 321 (1988)

James Sidney CLEMONS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

November 10, 1988.

Attorney(s) appearing for the Case

James K. Freeland of James K. Freeland, P.A., Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and W. Brian Bayly, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The issue is whether the defendant below, James Sidney Clemons, was entitled to suppression of evidence (cocaine) because it was the product of a pretextual stop of the vehicle he was occupying. The trial judge denied the motion to suppress on the basis of our decision in State v. Irvin, 483 So.2d 461 (Fla. 5th DCA), review denied, 491 So.2d 279 (1986).

The trial judge interpreted Irvin...

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