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RODRIGUEZ v. STATE

No. 2D08-5153.

16 So.3d 317 (2009)

Jose RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 4, 2009.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Matthew D. Bernstein, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Joseph Hwan-Yul Lee, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

Jose Rodriguez pleaded guilty to trafficking in illegal drugs, reserving his right to appeal the denial of his dispositive motion to suppress evidence. The State concedes that the motion should have been granted and we agree. We reverse Rodriguez's conviction and remand to the circuit court with directions to discharge him. Our resolution of this issue moots the sentencing issue Rodriguez raised in this appeal.

The illegal drugs were discovered...

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