LOFTON v. STATE

No. 94-2739.

658 So.2d 1235 (1995)

Ossie LOFTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 17, 1995.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, David P. Gauldin, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Patrick Martin, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

Appellant challenges his conviction and sentence for carrying a concealed firearm. He asserts that the trial court erred in denying his motion to suppress the physical evidence against him. We agree and reverse.

The encounter between the police and appellant cannot be considered to be a consensual encounter in light of the restrictions placed on appellant's freedom to leave. Popple v. State, 626 So.2d 185

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