Rodriguez v. State

NORTHCUTT, Judge.

Jose Rodriguez pleaded guilty to trafficking in illegal drugs, reserving his right to appeal the denial of his dispositive motion to suppress evidence. The State concedes that the motion should have been granted and we agree. We reverse Rodriguez’s conviction and remand to the circuit court with directions to discharge him. Our resolution of this issue moots the sentencing issue Rodriguez raised in this appeal.

The illegal drugs were discovered during a patdown search of Rodriguez during a traffic stop. Rodriguez agreed to a search of his car, but he did not consent to a…