STATE v. GIBBONS

No. 92-03408.

617 So.2d 854 (1993)

STATE of Florida, Appellant, v. James L. GIBBONS, Appellee.

District Court of Appeal of Florida, Second District.

May 5, 1993.


Attorney(s) appearing for the Case

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

James Marion Moorman, Public Defender, and Cynthia J. Dodge, Asst. Public Defender, Bartow, for appellee.


LEHAN, Chief Judge.

In this case in which defendant was charged with, among other things, loitering and prowling in violation of section 856.021, Florida Statutes (1989), the state appeals the trial court's order granting defendant's motion to suppress. We reverse.

The facts, as adduced from the testimony of Officer Whetstone, the only person to testify at the suppression hearing, are as follows. Officer Whetstone testified that he was acting in response to...

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