DAVIS v. STATE

No. 91-01455.

605 So.2d 561 (1992)

Alvin Deweitt DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 23, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy A. Hickey, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Brenda S. Taylor, Asst. Atty. Gen., Tampa, for appellant.


BLUE, Judge.

The appellant, Alvin Deweitt Davis, seeks reversal of his judgment and sentence for possession of cocaine. He challenges the denial of his motion to suppress cocaine on the basis of a pretextual stop. We reverse because the state did not carry its burden at the suppression hearing.

The officer who stopped Davis' car testified that he knew Davis from prior occasions and recognized his vehicle. He followed Davis and stopped his vehicle because its...

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