Bailey v. State

Full title: KENNETH BAILEY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Jan 17, 1991

572 So. 2d 1032 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-493.

January 17, 1991.

Appeal from the Circuit Court for Volusia County; Uriel Blount, Jr., Judge.

James B. Gibson, Public Defender and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

PER CURIAM.

Kenneth Bailey appeals the denial of his motion to suppress. Because this case is factually indistinguishable from Arizona v. Hicks, 480 U.S. 321, 107 S.Ct. 1149, 94 L.Ed.2d 347 (1987), we are bound by its holding.

Reversed and remanded with instructions to grant Bailey's motion to suppress.

Judgment and sentence VACATED; REVERSED and REMANDED with instructions.

COWART, GOSHORN and HARRIS, JJ., concur.