MURTHA v. STATE

No. 88-1967.

547 So.2d 205 (1989)

Steven MURTHA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 22, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Giselle D. Lylen, Asst. Atty. Gen., for appellee.

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


NESBITT, Judge.

The defendant appeals a conviction for grand theft contending that the trial court erred in denying his motion to suppress the physical evidence upon which his conviction was based. We agree and reverse.

A citizen advised a Miami Beach patrolman that the defendant was weaving erratically between towels and people bathing on the beach. The officer observed the defendant who was wearing bathing trunks and carrying a beach towel. His trunks were...

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