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Myrick v. State

District Court of Appeal of Florida, First District
Apr 8, 1991
577 So. 2d 688 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-02131.

April 8, 1991.

Appeal from the Circuit Court, Jackson County, Robert McCrary, J.

Barbara M. Linthicum, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, and Wayne H. Mitchell, Certified Legal Intern, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


Myrick appeals from a judgment and sentence for possession of crack cocaine with intent to sell. Appellant entered a plea of nolo contendere, expressly reserving his right to appeal the trial court's order denying his motion to suppress evidence discovered during a search of appellant's person. We find the search of the appellant to be invalid and reverse.

Myrick was searched after he knocked on the door of a motel room which was being searched by the police pursuant to a warrant. At the time of the search, the police had no evidence which connected appellant with the contents or occupants of the room.

We find that the facts of this case are indistinguishable from Knight v. State, 566 So.2d 8 (Fla. 1st DCA 1990) and, therefore, reverse and remand with directions to suppress the evidence.

ZEHMER, J., concurs.

BOOTH, J., dissents with opinion.


I would affirm the judgment of conviction and sentence. The search is valid under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).


Summaries of

Myrick v. State

District Court of Appeal of Florida, First District
Apr 8, 1991
577 So. 2d 688 (Fla. Dist. Ct. App. 1991)
Case details for

Myrick v. State

Case Details

Full title:ANTHONY MYRICK, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 8, 1991

Citations

577 So. 2d 688 (Fla. Dist. Ct. App. 1991)