Opinion
No. 97-3333
October 1, 1998
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Burton C. Conner, Judge; L.T. No. 97-314.
Richard L. Jorandby, Public Defender, and Karen E. Ehrlich, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Doquyen T. Nguyen, Assistant Attorney General, West Palm Beach, for appellee.
We reverse Appellant's conviction for possession of less than twenty grams of marijuana and possession of drug paraphernalia. The state acknowledges that the trial court erred in denying Appellant's motion to suppress based on a pat-down search that was not founded on reasonable suspicion. As the issue is dispositive, we remand for Appellant's discharge.
STONE, C.J., WARNER and GROSS, JJ., concur.