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McKIBBEN v. STATE

No. 1D10-1011.

46 So.3d 1224 (2010)

David L. McKIBBEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 17, 2010.

Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender and Glenna Joyce Reeves , Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum , Attorney General and Christine Ann Guard , Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

David L. McKibben appeals his judgment and sentence for cultivation of cannabis pursuant to his reservation of his right to appeal the denial of his motion to suppress the plants seized from a closet in his home. Because the plants were discovered during a valid "protective sweep" of the dwelling, within the boundaries set out in Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 L.Ed.2d 276 (1990), the denial...

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