Florida District Courts of Appeal, 1980

McCarty v. State

McCarty v. State
Florida District Courts of Appeal · Decided May 30, 1980 · McCord, Smith
384 So. 2d 47; 1980 Fla. App. LEXIS 16864 (Southern Reporter, Second Series)

McCarty v. State

Opinion of the Court

PER CURIAM.

McCarty’s appeal, originally filed with that of Mary Ida Maddan Brown, see Brown v. State, 377 So.2d 819 (Fla.App. 1979), was severed due to procedural problems and McCarty allowed to file separate briefs. The only issue presented by McCarty is whether the trial court erred in denying defendant’s motion to suppress evidence.

The underlying factual situation being the same as that presented in Brown, supra, this appeal is controlled by that decision.

Accordingly, McCarty’s conviction for possession of marijuana in excess of five grams is reversed and the cause remanded for proceedings consistent with this and the Brown decision.

McCORD, ROBERT P. SMITH, Jr. and LARRY G. SMITH, JJ., concur.

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