Sanchez v. State

ORDER RELINQUISHING JURISDICTION

DANIEL S. PEARSON, Judge.

The defendant was convicted of possession of cocaine upon his plea of nolo conten-dere, specifically reserving the right to appeal the denial of his motion to suppress. The correctness vel non of the trial court’s ruling on the motion turns on whether the defendant, having been the object of a lawful investigatory stop, see Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), was ordered by Officer Dieppa to open his closed fist, not out of any concern that the defendant was armed or posed any threat to Dieppa’s safety, but…