BAYMON v. STATE

No. 2D05-3442.

933 So.2d 1269 (2006)

Edward BAYMON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 28, 2006.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and William I. Munsey, Jr., Assistant Attorney General, Tampa, for Appellee.


NORTHCUTT, Judge.

Edward Baymon challenges the denial of his motion to suppress, which he preserved for appeal when pleading guilty to possession of cocaine and marijuana and to disorderly conduct. We reverse because the contraband was seized in a search incident to an unlawful arrest.

At the suppression hearing, Deanna Estep testified that Baymon was irate and loud with her, so she called the police. Deputy Bennett testified that he responded to a call about...

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