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STATE v. FORTESA-RUIZ

No. 88-2871.

559 So.2d 1180 (1990)

The STATE of Florida, Appellant, v. Castor Segundo FORTESA-RUIZ, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 18, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Monique Befeler, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Henry H. Harnage and N. Joseph Durant, Jr., Asst. Public Defender, for appellee.

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

BASKIN, Judge.

The state appeals an order suppressing evidence obtained when defendant was stopped and frisked by police. The trial court granted the motion after the state failed to produce the arresting officer to testify at the suppression hearing. We affirm.

Castor Segundo Fortesa-Ruiz was arrested for possession of rock cocaine. On October 28, 1988, Fortesa-Ruiz filed a motion to suppress evidence. The trial court scheduled a hearing on the motion for...

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