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STATE v. WITHERINGTON

No. 96-3602.

702 So.2d 263 (1997)

STATE of Florida, Appellant, v. Paul Thomas WITHERINGTON, Appellee.

District Court of Appeal of Florida, Fifth District.

December 5, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellant.

Richard S. Rhodes, Orlando, for Appellee.

THOMPSON, Judge.

The state appeals an order granting Paul Thomas Witherington's motion to suppress evidence obtained after a deputy entered a private yard while investigating a misdemeanor. The only issue is whether Witherington had a reasonable expectation of privacy in his back yard. We find he did and affirm.

An Orange County Sheriff's Deputy went to Witherington's house to investigate a complaint from a neighbor about improper use of a jet ski. Instead...

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