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STATE v. PAUL

No. 93-420.

638 So.2d 537 (1994)

STATE of Florida, Appellant, v. Timothy Mark PAUL, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied June 28, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Rebecca Roark Wall, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and James T. Cook, Asst. Public Defender, Daytona Beach, for appellee.

W. SHARP, Judge.

The state appeals from an order granting Paul's motion to suppress evidence of cocaine found in his automobile, after a stop by the police.1 The state argues the police officer's testimony at the suppression hearing, which was the only testimony proffered, conclusively establishes Paul consented to the search. We affirm.

The state makes no argument on appeal that Paul's initial stop by the police officer was a...

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