Boley v. State

OPINION

SAM NUCHIA, Justice.

Appellant was charged with forgery and possession of less than a gram of cocaine. The State dismissed the forgery charge. The court denied appellant’s motion to suppress the cocaine, and appellant pled guilty. The judge sentenced appellant to eighteen months confinement. We reverse.

BACKGROUND

The evidence introduced at the suppression hearing shows appellant cashed a ten dollar check belonging to Mary Battistoni at Spillway Fishing Pier. Appellant told the clerk that Battistoni was his mother. The clerk accepted the check, but she thought it was suspicious so she…