5D03-3266 Larry Slade v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-3266

Case Date: 08/16/2004

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2004

LARRY SLADE, Appellant, v. STATE OF FLORIDA, Appellee. ___________________________________/ Opinion filed August 20, 2004 Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge. James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant, Larry Slade, appeals his judgment and sentence for possession of cocaine based upon his plea of nolo contendere. Mr. Slade, who reserved the right to appeal on the issue, argues that the trial court erred when it denied his motion to suppress the crack cocaine found inside of a cigar tube that he was carrying at the time that he was detained by a law enforcement officer. We conclude that Mr. Slade's argument is well taken. This case is almost identical to the facts underpinning our decision in R.R. v. State , 715 So. 2d 1062 (Fla. 5th DCA 1998). We conclude, therefore, that the search of Mr. Slade CASE NO. 5D03-3266

should have been suppressed. Accordingly, on the basis of R.R., we reverse. REVERSED and REMANDED.

THOMPSON, PLEUS, and MONACO, JJ., concur.

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