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STATE v. NEUMANN

No. 89-1249.

567 So.2d 950 (1990)

STATE of Florida, Appellant, v. Mark Edward NEUMANN, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 17, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sylvia H. Alonso, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellee.

GARRETT, Judge.

The State appeals the trial judge's granting of appellee's motion to suppress evidence of cocaine and drug paraphernalia possession. The ruling was based on Anderson v. State, 532 So.2d 4 (Fla.2d DCA 1989); however, the trial judge made no finding of facts.1

The state's version of the facts was as follows: At 2 a.m., as Sergeant Witt (Witt) patrolled State Road 5 in the...

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