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STATE v. MALLORY

No. 95-1522.

670 So.2d 103 (1996)

STATE of Florida, Appellant, v. Lebaron MALLORY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 15, 1996.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General; Vincent Altieri, Assistant Attorney General, Tallahassee, for Appellant.

Nancy A. Daniels, Public Defender; Raymond Dix, Assistant Public Defender, Tallahassee, for Appellee.

VAN NORTWICK, Judge.

The state appeals an order of the trial court granting the motion of Lebaron Mallory, appellee, to suppress his statements incriminating himself. We are required to reverse because the reasons offered by the trial court as support for the suppression are invalid. We remand to the trial court with directions to reevaluate the evidence, without consideration of the invalid reasons, to determine if suppression is warranted.

Factual and...

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