STATE v. CLAYTON

No. 92-03142.

620 So.2d 1292 (1993)

STATE of Florida, Appellant, v. Charles N. CLAYTON, Jr., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 13, 1993.


Attorney(s) appearing for the Case

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

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellee.


PER CURIAM.

Affirmed.

DANAHY, A.C.J., and SCHOONOVER, J., concur.

PARKER, J., concurs specially.

PARKER, Judge, specially concurring.

Although the state may have had sufficient evidence to prevail at a hearing on the defendant's motion to suppress seized marijuana plants, I concur that the trial court's order granting the motion to suppress must be affirmed.

The motion alleged that this was a warrantless search. Neither the...

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