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STATE v. FLOWERS

No. 5D13-2033.

147 So.3d 658 (2014)

STATE of Florida, Appellant, v. Corey Lamar FLOWERS, Appellee.

District Court of Appeal of Florida, Fifth District.

September 19, 2014.

Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Wesley Heidt , Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy , Public Defender, and Kathryn Rollison Radtke , Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

The State of Florida appeals the trial court's order granting Corey Lamar Flowers' motion to suppress a firearm. Because the record in this case clearly establishes that Flowers was not "seized" within the meaning of the Fourth Amendment prior to him discarding the firearm, we reverse and remand for entry of an order denying the motion to suppress.1 See California v. Hodari D., 499 U.S. 621

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