CARROLL v. STATE

No. 88-2892.

573 So.2d 148 (1991)

Robert J. CARROLL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

January 11, 1991.


Attorney(s) appearing for the Case

Carol C. Murphy, Lakeland, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


SCHEB, Acting Chief Judge.

The defendant appeals his judgment and sentence of possession of cocaine, a violation of section 893.13, Florida Statutes (1987). He pled nolo contendere, reserving his right to appeal the denial of his motion to suppress. On appeal, he argues that he was improperly arrested and thus the contraband found during a patdown search incident to the arrest was improperly admitted into evidence. We agree and reverse.

At the hearing on the...

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