STATE v. McCRAY

No. 92-01415.

626 So.2d 1017 (1993)

STATE of Florida, Appellant, v. Carlton McCRAY, Appellee.

District Court of Appeal of Florida, Second District.

November 5, 1993.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Elaine L. Thompson, Asst. Atty. Gen., Tampa, for appellant.

William G. Pontrello, Clearwater, for appellee.


PER CURIAM.

The state appeals the trial court's order which granted Carlton McCray's motion to suppress cocaine found in McCray's hat. We reverse because the search was incident to an arrest.

Although McCray's motion sought to suppress "all evidence, statements, contraband, pills, and drugs," the evidentiary hearing on his motion and the single issue argued by both McCray and the state in this appeal dealt only with the cocaine seized in McCray's hat. We,...

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