Barnes v. State

LAWRENCE, Judge.

Tony L. Barnes (Barnes) directly appeals his conviction and sentence for the manufacture of marijuana found in his backyard after a warrantless search. We affirm.

A police officer seized the marijuana plants in question on May 9, 1995, in Gulf County. Barnes pleaded nolo contendere to manufacturing marijuana, reserving the right to appeal the denial of his motion to suppress.

The Florida Supreme Court, answering the question whether contraband seen in plain view by police in the defendant’s back yard from a point adjacent to the property may be seized without a warrant in the…