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BAILEY v. STATE

No. 90-493.

572 So.2d 1032 (1991)

Kenneth BAILEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 17, 1991.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Kenneth Bailey appeals the denial of his motion to suppress. Because this case is factually indistinguishable from Arizona v. Hicks, 480 U.S. 321, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987), we are bound by its holding.

Reversed and remanded with instructions to grant Bailey's motion to suppress.

Judgment and sentence VACATED; REVERSED and REMANDED with instructions.

COWART, GOSHORN and HARRIS...

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