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STATE v. McCARTHY

No. 91-0017.

585 So.2d 1167 (1991)

STATE of Florida, Appellant, v. Sean McCARTHY, Appellee.

District Court of Appeal of Florida, Fourth District.

September 18, 1991.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Don M. Rogers, Asst. Atty. Gen., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Paul E. Petillo, Asst. Public Defender, West Palm Beach, for appellee.

HERSEY, Judge.

The state appeals from an order granting a defense motion to suppress in a possession of diazepam case. We affirm on the authority of State v. Lawrence, 560 So.2d 400 (Fla. 4th DCA 1990).

The defense filed a motion to suppress physical evidence on November 2, 1990. At the hearing on December 3, 1990, the state requested a continuance because its two witnesses (police officers), who had been served with...

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