SLAGLE v. STATE

No. 97-3477.

716 So.2d 806 (1998)

Terry SLAGLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 15, 1998.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender; Wilson Jerry Foster, Special Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Denise O. Simpson, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

We reverse the trial court's denial of appellant's motion to suppress. Viewing the evidence and reasonable inferences in a light most favorable to sustaining the order, we find that the state never established that appellant was in such proximity to the area where the evidence was discovered to justify the search and seizure as incident to lawful arrest.

MINER, WOLF and DAVIS...

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