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SMITH v. STATE

No. 87-03406.

561 So.2d 1278 (1990)

Curtis SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 23, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Phil Patterson, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We reverse defendant's convictions for carrying a concealed firearm and possession of a firearm by a convicted felon. We conclude that the trial court erred in denying defendant's motion to suppress the firearm which was found during a search after an improper stop.

There was no proper basis to stop defendant for loitering, see B.A.A. v. State, 356 So.2d 304, 306 (Fla. 1978), or for defendant in a high...

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