Hartwell v. State

SCHEB, Judge.

Defendant pled nolo contendere to a violation of section 893.13, Florida Statutes (1985), which prohibits felony possession of marijuana. He specifically reserved the right to appeal the trial court’s denial of his motion to suppress, which the state agreed was dispositive. Adjudication of guilt was withheld, defendant was placed on probation for one year, and this appeal ensued.

Defendant contends the trial court erred in denying his motion to suppress the war-rantless seizure of some potted marijuana plants found growing on the balcony of defendant’s apartment. We agree with his…