Smith v. State, 561 So. 2d 1278 (Fla. 2d DCA 1990). · Go Syfert
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Smith v. State, 561 So. 2d 1278 (Fla. 2d DCA 1990). Cases Citing This Book View Copy Cite
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Curtis SMITH
v.
STATE of Florida
No. 87-03406.
District Court of Appeal of Florida, Second District.
May 23, 1990.
561 So. 2d 1278
1990 Fla. App. LEXIS 3781
1990 WL 68712
James Marion Moorman, Public Defender, and Phil Patterson, Asst. Public Defender, Bartow, for appellant., Robert A. Butterworth, Atty. Gen., Tallahassee, and Charles Corees, Jr., Asst. Atty. Gen., Tampa, for appellee.
Frank, Lehan, Schoonover.
Published
PER CURIAM.

We reverse defendant’s convictions for carrying a concealed firearm and possession of a firearm by a convicted felon. We conclude that the trial court erred in denying defendant’s motion to suppress the firearm which was found during a search after an improper stop.

There was no proper basis to stop defendant for loitering, see B.A.A. v. State, 356 So.2d 304, 306 (Fla.1978), or for defendant in a high crime area walking away from an officer with a hand in his pocket, see State v. Thomas, 559 So.2d 463 (Fla. 2d DCA 1990).

Reversed and remanded with the direction to enter a judgment of acquittal on the foregoing charges.

SCHOONOVER, A.C.J., and LEHAN and FRANK, JJ., concur.