SANCHEZ v. STATE

No. 96-02502.

711 So.2d 1249 (1998)

Jose SANCHEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

May 20, 1998.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Frank D.L. Winstead, Assistant Public Defender, Clearwater, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellee.


WHATLEY, Judge.

Jose Sanchez appeals his conviction of possession of marijuana. He contends the trial court erred in denying his motion to suppress. We agree and reverse.

At approximately 9:25 p.m. on September 23, 1995, Officer John Milligan of the Pinellas Park Police Department was in a marked police cruiser sitting in line at a McDonald's drive-thru when he observed a vehicle parked behind a closed furniture store. A man was standing outside the vehicle...

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