McKINLEY v. STATE

No. 4D11-4298.

ERSKINE McKINLEY, Appellant, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

May 29, 2013.


Attorney(s) appearing for the Case

Douglas Duncan of Roth & Duncan, P.A., West Palm Beach, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Melanie Dale Surber , Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

We reverse the circuit court's finding that the appellant violated his probation by possessing a firearm in Houston, Texas.

Law enforcement officers watched the appellant go in and out of an apartment in Houston with as many as "five other males" and two women. After the appellant left the premises, the officers searched the apartment, where they found a closed opaque pistol case in a bedroom, and the appellant's Florida ID within two to three feet...

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