Opinion
No. 97-3477
Opinion filed July 15, 1998.
An appeal from the Circuit Court for Wakulla County. Jill Walker, Judge.
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.
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, JJ., CONCUR.