STATE v. COTE

No. 88-0600.

547 So.2d 993 (1989)

STATE of Florida, Appellant, v. Michael D. COTE and Dale McClain, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 13, 1989.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellant.

Douglas N. Duncan of Cone, Wagner, Nugent, Johnson, Roth and Romano, P.A., West Palm Beach, for appellee-Cote.

Ted Crespi of Ted Crespi, P.A., Hollywood, for appellee-McClain.


PER CURIAM.

The state has appealed an order granting the defendant's motion to suppress evidence. We reverse.

Acknowledging that the trial court's ruling on a motion to suppress comes to this court clothed with a presumption of correctness, we have tested the accuracy of the trial court's conclusions by viewing the undisputed evidence and circumstances of the arrests in light of sustaining those conclusions, but find that, in this particular instance, the...

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