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BURGESS v. STATE

No. 91-3141.

630 So.2d 666 (1994)

Voltaire BURGESS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 19, 1994.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph A. Tringali, Asst. Atty. Gen., West Palm Beach, for appellee.

WARNER, Judge.

We reverse and remand appellant's conviction and sentence because the trial court erred in denying the motion to suppress. See In Interest of B.M., 553 So.2d 714 (Fla. 4th DCA 1989).

In this case a police officer came upon a group of men outside the front of a closed restaurant in the middle of the night. Some of the group were standing and some were lying on the ground. The officer did not know the...

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