Opinion
No. 85-852.
December 3, 1985.
Appeal from a non-final order from the Circuit Court for Dade County; Ralph N. Person, Judge.
Jim Smith, Atty. Gen., and Randi Klayman Lazarus, Asst. Atty. Gen., for appellant.
Guy W. Turner, Miami, for appellees.
Before BARKDULL, HUBBART and BASKIN, JJ.
We find that the state failed to meet its burden of proof so as to require reversal under New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1982). There is no evidence in the record that the hatchback portion of the Mustang, in which the police found the paper bag containing cocaine, was accessible from the interior of the car. The state's remaining points lack merit.
Affirmed.