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STATE v. CARSON

No. 2D01-807.

801 So.2d 165 (2001)

STATE of Florida, Appellant, v. Johnny CARSON, Appellee.

District Court of Appeal of Florida, Second District.

November 28, 2001.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellee.

DANAHY, PAUL W., Senior Judge.

In this appeal, the State seeks reversal of the trial court's order granting Johnny Carson's motion to suppress. The State points out that McElwain v. State, 777 So.2d 987 (Fla. 2d DCA 2000), review denied, 786 So.2d 1189 (Fla.2001), on which the trial court relied in granting the motion, has been receded from in Watts v. State, 788 So.2d 1040

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