MYLES v. STATE

No. 4D03-3338.

886 So.2d 316 (2004)

Christopher A. MYLES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 2004.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

Appellant, whose probation was revoked as a result of his arrest for home invasion robbery, moved to suppress the arrest on the ground that he was merely a bystander. As a result of his arrest the police obtained evidence which incriminated him. We reverse.

A detective responded to the scene of the robbery around 10:00 p.m., and his interview of the victims, a mother and daughter, indicated that two males had entered the home and threatened them...

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