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SIZEMORE v. STATE

Case No. 1D05-2764.

939 So.2d 209 (2006)

GREGORY CHARLES SIZEMORE, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, First District.

Opinion filed October 11, 2006.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.

Charlie Crist, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

ERVIN, J.

Gregory Charles Sizemore appeals his two-year probationary sentence for the offense of possession of marijuana with intent to sell, entered following his conditional plea of nolo contendere, which reserved his right to appeal the lower court's denial of his motion to suppress the evidence.1 We agree with appellant that the court erred in denying the motion to suppress for the reason that he could not be considered to have...

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