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V.H. v. STATE

No. 2D04-3712.

903 So.2d 321 (2005)

V.H., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 10, 2005.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Bruce P. Taylor, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Danilo Cruz-Carino, Assistant Attorney General, Tampa, for Appellee.

KELLY, Judge.

V.H. challenges his adjudication of delinquency for possession of cocaine and possession of cannabis. He entered a no contest plea to the charges, specifically reserving the right to appeal the denial of his dispositive motion to suppress. We agree with V.H. that the police had no probable cause to search him and that the State failed to prove that he consented to the search. Accordingly, we reverse.

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