ELLIOTT v. STATE

No. 91-2180.

597 So.2d 916 (1992)

Melvin Jeffrey ELLIOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 22, 1992.


Attorney(s) appearing for the Case

Thomas C. Gano of Lubin and Gano, P.A., West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat and Michelle Smith, Asst. Attys. Gen., West Palm Beach, for appellee.


WARNER, Judge.

Appellant challenges his conviction on the ground that the trial court erred in denying the motion to suppress cocaine found on appellant's person. The issue presented is whether the police officer had probable cause to arrest appellant which would have justified the ensuing search. On these facts, we affirm the trial court. The appellant also challenges his sentence, and the state concedes error which requires a new sentencing proceeding.

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