STATE v. GAINEY

No. 95-00568.

688 So.2d 997 (1997)

STATE of Florida, Appellant, v. Roderick Demond GAINEY, Appellee.

District Court of Appeal of Florida, Second District.

February 28, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Erica M. Raffel, Assistant Attorney General, Tampa, for Appellant.

Treveno L. Gaylord, Sarasota, for Appellee.


DANAHY, Acting Chief Judge.

In this appeal pursuant to Florida Rule of Appellate Procedure 9.140(c)(1)(B) the state contends the trial court erred in suppressing cocaine found on the appellee's person during a search to which, the state maintains, the appellee consented. We agree with the state and, accordingly, reverse.

At the suppression hearing the trial court heard evidence only from the arresting officer, Tampa police officer Buchanan, who testified to...

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