GANO v. STATE

No. 91-02843.

599 So.2d 759 (1992)

Clifford GANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 3, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Brad Permar, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corces, Jr., Asst. Atty. Gen., Tampa, for appellee.


CAMPBELL, Acting Chief Judge.

Appellant, Clifford D. Gano, convicted of possession of cocaine and marijuana, pled nolo contendere reserving the right to appeal the denial of his motion to suppress. We agree with appellant that his motion to suppress was improperly denied and, accordingly, reverse and remand with instructions that appellant be discharged.

The facts adduced at the motion to suppress hearing show that Clearwater Police Sergeant Harris, on patrol...

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