CUBBY v. STATE

No. 96-04087.

707 So.2d 351 (1998)

Byron CUBBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 20, 1998.


Attorney(s) appearing for the Case

Robert A. Miller of Rothwell & Barker, P.A., St. Petersburg, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Johnny T. Salgado, Assistant Attorney General, Tampa, for Appellee.


CAMPBELL, Judge.

Appellant challenges his conviction and sentence for possession of cocaine. Appellant pled nolo to the charges against him after the trial court denied his motion to suppress. On appeal, he argues that the trial court erred in denying his motion to suppress because the pat-down search was unlawful in that the arresting officer had no reason to believe he was involved in any criminal activity. We agree and reverse the trial court's denial of the motion...

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