McELWAIN v. STATE

No. 2D99-4405.

777 So.2d 987 (2000)

Daniel James McELWAIN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 11, 2000.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

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


BLUE, Judge.

Daniel James McElwain challenges the denial of his dispositive motion to suppress following a no contest plea to possession of cocaine where he reserved the right to appeal. We agree that the officers had no justification for a patdown search; accordingly, we reverse.

This case is on all fours1 with the case of Cubby v. State, 707 So.2d 351 (Fla. 2d DCA), review denied...

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