DUPONT v. STATE

No. 87-01973.

561 So.2d 20 (1990)

Willie DUPONT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 11, 1990.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


PER CURIAM.

We reverse defendant's conviction for possession of cannabis with intent to sell or deliver. We conclude the trial court erred in denying defendant's motion to suppress the cannabis which was found during a search of defendant.

We discern no proper basis for the search. The officer had no basis to conclude that defendant was armed. Nor did he have a basis to conclude that defendant had committed, was committing, or was about to commit a crime....

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