SPENCE v. STATE

No. 87-803.

525 So.2d 442 (1988)

Scott Alan SPENCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 24, 1988.


Attorney(s) appearing for the Case

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

Robert A. Butterworth, Atty. Gen., Tallahassee and Pamela D. Cichon, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

Following the denial of his motion to suppress, which the parties agree is dispositive here, the defendant entered a plea of nolo contendere to one count of possession of cocaine. The trial court withheld adjudication and placed defendant on probation for 4 years. He appeals and we reverse.

The arresting officer, the only witness at the suppression hearing, testified that while on patrol at approximately 1:00 A.M. on the day in question, he...

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