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HENDLEY v. STATE

No. 2D09-2890.

58 So.3d 296 (2011)

Justin Peter HENDLEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

February 18, 2011.

Attorney(s) appearing for the Case

James Marion Moorman , Public Defender, and Pamela H. Izakowitz , Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Ha Thu Dao , Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Without a warrant, a subpoena, or prior notice, law enforcement officers obtained Justin Hendley's prescription records from a pharmacy. The State charged Mr. Hendley with obtaining a controlled substance by fraud. He pleaded no contest, reserving the right to appeal the denial of his dispositive motion to suppress. On appeal, Mr. Hendley argues that the law enforcement officers acted impermissibly. However, because section 893.07, Florida Statutes...

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