Stuart v. State

Full title: BURR W. STUART, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Nov 5, 1980

389 So. 2d 4 (Fla. Dist. Ct. App. 1980)

Opinion

No. 79-100.

September 30, 1980. Rehearing Denied November 5, 1980.

Appeal from Circuit Court, Dade County; Herbert Stettin, Judge.

Engel, Aronson, Fried Cohn and Don S. Cohn, Miami, for appellant.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before BARKDULL^_, HENDRY and NESBITT, JJ.

_ Charles Carroll, (Ret.), Associate Judge, participated in the oral argument but not in the decision.

PER CURIAM.

The appellant's judgment of conviction is reversed with directions to discharge him from custody. Because of the reasons and authorities stated in Royer v. State, 389 So.2d 1007 (Fla. 3d DCA 1980((en banc) and State v. Frost, 374 So.2d 593 (Fla. 3d DCA 1979), we find the trial court erroneously denied appellant's motion to suppress the physical evidence.

Reversed with directions.