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STATE v. MELICAN

No. 89-1742.

564 So.2d 245 (1990)

STATE of Florida, Appellant, v. Robert MELICAN, Appellee.

District Court of Appeal of Florida, Fifth District.

July 19, 1990.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca R. Wall, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, Michael S. Becker, Asst. Public Defender, Daytona Beach, and Robert Larr, Asst. Public Defender, Orlando, for appellee.

PER CURIAM.

AFFIRMED.

DANIEL, C.J., and GOSHORN, J., concur.

HARRIS, J., dissents with opinion.

HARRIS, Judge, dissenting.

I respectfully dissent.

The State appeals the suppression of evidence obtained as a result of a consensual search. The State contends that the trial judge based his suppression order on an erroneous conclusion of law. I agree and would reverse.

Harmon's...

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