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STATE v. HAVEL

No. 4D99-0950.

756 So.2d 1067 (2000)

STATE of Florida, Appellant/Cross-Appellee, v. Lloyd HAVEL, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

April 12, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellant/cross-appellee.

John H. Lipinski of Law Office of John H. Lipinski, and Law Office of Richard Marx, Miami, for appellee/cross-appellant.

STONE, J.

We reverse an order suppressing evidence. Appellee is charged with aggravated assault with a firearm and misdemeanor battery. He filed a motion to suppress evidence of a rifle found on the roof of his house.

Hollywood police officers testified, at the hearing on the motion, that they responded to a call of aggravated assault with a firearm shortly after the incident. The officers' testimony was not refuted. The victims, interviewed at the scene,...

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