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DEWBERRY v. STATE

No. 5D04-871.

905 So.2d 963 (2005)

Michael DEWBERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 24, 2005.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Thomas J. Lukashow, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Timothy D. Wilson, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, C.J.

Michael Dewberry appeals the order denying his motion to suppress a firearm that ultimately resulted in his plea of nolo contendere to the charge of possession of a firearm by a convicted felon. Dewberry reserved his right to appeal the denial of his motion to suppress, and the State agreed the issue was dispositive. The issue that we are called upon to resolve is whether the officer who conducted the pat-down...

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