RAY JOSE WILLIS, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RAY JOSE WILLIS, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D10-4154 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 23, 2011. An appeal from the Circuit Court for Escambia County. Linda L. Nobles, Judge. Nancy A. Daniels, Public Defender; and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant. Pamela Jo Bondi, Attorney General; and Brooke Poland, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant pled no contest to a charge of possession of a firearm and ammunition by a convicted felon. Prior to his plea, the appellant had unsuccessfully moved to suppress the shotgun and shotgun shells that were seized by deputies from the bedroom of the appellant s home. As the shotgun and shells were the only evidence of the crime, a ruling favorable to the appellant at trial would have required the dismissal of the charges. On appeal, the state concedes, rightfully, that exigent circumstances did not exist to search the appellant s bedroom without a warrant. REVERSED and REMANDED with instructions to discharge the appellant. WEBSTER, VAN NORTWICK, and ROBERTS, JJ., CONCUR. 2

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