STATE v. BURNS

No. 96-2645.

698 So.2d 1282 (1997)

STATE of Florida, Appellant, v. Phillip Dewayne BURNS, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 17, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellant.

J. Edwin Mills, Orlando, for Appellee.


ANTOON, Judge.

The state appeals the trial court's order suppressing cocaine seized from the defendant, Phillip Dewayne Burns. We reverse.

The defendant and a passenger were driving north on the Florida Turnpike when their car was stopped for speeding by an Orange County deputy sheriff. The deputy instructed the defendant to exit the vehicle with his driver's license; the defendant complied. However, as he exited the vehicle, the defendant informed the deputy...

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