State v. Garcia

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT STATE OF FLORIDA, ) ) Appellant, ) ) v. ) ) ROY A. GARCIA, ) ) Appellee. ) ___________________________________ ) Case No. 2D12-3664 Opinion filed November 8, 2013. Appeal from the Circuit Court for Hillsborough County; Ronald Ficarrotta, Judge. Pamela Jo Bondi, Attorney General, Tallahassee, and Elba Caridad MartinSchomaker, Assistant Attorney General, Tampa, for Appellant. Daniel P. Fischetti of Weed and Associates, P.A., Tampa, for Appellee. SILBERMAN, Judge. The State seeks review of the order granting Garcia's motion to suppress and dismissing charges of possession of cocaine, possession of drug paraphernalia, and obstructing or opposing an officer without violence. For the reasons set forth in State v. Garcia, No. 2D12-3359 (Fla. 2d DCA Nov. 8, 2013), we reverse and remand. NORTHCUTT and CRENSHAW, JJ., Concur.

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