STATE v. FLEMING

No. 94-2830.

663 So.2d 1353 (1995)

STATE of Florida, Appellant, v. Bennet Anthony FLEMING, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 12, 1995.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Erin J. O'Leary, Assistant Public Defender, Daytona Beach, for Appellee.


HARRIS, Judge.

The issue on appeal is whether the trial court erred in granting the defendant's motion to suppress some rock cocaine which the defendant abandoned while he was being detained on suspicion of robbery.

Two women and a man were in the parking lot of Calico Jack's in Altamonte Springs at approximately 12:30 a.m. when a black man walked up, pulled a gun on them and demanded their purses and wallet. The victims stated that the robber got away with...

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