STATE v. MITCHELL

No. 93-00925.

638 So.2d 1015 (1994)

STATE of Florida, Appellant, v. Lucious MITCHELL, Jr., Appellee.

District Court of Appeal of Florida, Second District.

June 15, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann P. Corcoran, Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Jennifer Y. Fogle, Asst. Public Defender, Bartow, for appellee.


RYDER, Acting Chief Judge.

The State challenges the trial court's order of suppression. Because we agree with the State that the search of Mitchell's vehicle was proper following his lawful custodial arrest, we reverse.

At the suppression hearing, Deputy Hough testified that he first saw Mitchell's automobile at 3:00 a.m. in a dark area of a closed gas station's parking lot. Ten minutes before, the automobile had not been there. The area had been the target...

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