KELLOM v. STATE

No. 1D02-0173.

849 So.2d 391 (2003)

Leangelo KELLOM, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 18, 2003.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Fred Parker Bingham, II, Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General; Karen Armstrong, Assistant Attorney General, Tallahassee, for Appellee.


LEWIS, J.

Appellant, Leangelo Kellom, appeals the trial court's denial of his dispositive motion to suppress the contraband discovered in his residence. Appellant contends that the officers who executed the search warrant violated the "knock and announce" rule codified in section 933.09, Florida Statutes (2000). We agree and, therefore, reverse and remand with directions that appellant be discharged. We affirm as to appellant's second issue on appeal without further...

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