SWAGERTY v. STATE

No. 1D07-0097.

982 So.2d 19 (2008)

Jerry Lee SWAGERTY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 15, 2008.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, Trisha Meggs Pate, Tallahassee Bureau Chief Criminal Appeals, and Natalie D. Kirk, Assistant Attorney General, Tallahassee, for Appellee.


WOLF, J.

Jerry Lee Swagerty, appellant, challenges his conviction and sentence for possession of cocaine. As one basis for reversal, appellant asserts that the trial court erred in denying appellant's motion to suppress, which was premised on allegations that the officer's stop was unlawful. We agree and reverse and remand to the trial court to enter an order granting the motion to suppress.

It is undisputed that appellant was stopped on the basis of a cracked...

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