Neeley v. State

LaROSE, Judge.

Raymond Neeley appeals his judgment and sentence after pleading to possession of a controlled substance without a prescription. See § 893.13(6)(a), Fla. Stat. (2010). We have jurisdiction. See Fla. RApp. P. 9.140(b)(2)(A)(i). The trial court erred in denying Mr. Neeley’s motion to suppress the pills found in his pocket after an illegal. detention and search. Consequently, we reverse.

The undisputed facts appear as follows. Officer Hilton was alerted to a man slumped over in a van in the driveway of a residence. He responded to the site and saw Mr. Neeley slumped behind the wheel…