State v. Lyndon N. Holt

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

STATE OF FLORIDA,

Appellant, v. Case No. 5D16-651

LYNDON NATHANIEL HOLT,

Appellee. ________________________________/

Opinion filed May 12, 2017

Appeal from the Circuit Court for Orange County, Alicia Latimore, Judge.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellant.

James S. Purdy, Public Defender, and Jeri Delgado, Assistant Public Defender, Daytona Beach, for Appellee.

PER CURIAM.

Based upon Appellee’s proper concession of error, we reverse the order suppressing evidence and remand for further proceedings. See State v. Green, 943 So. 2d 1004, 1005 (Fla. 2d DCA 2006) (illuminating interior of vehicle using flashlight does not implicate Fourth Amendment; officer had probable cause to believe vehicle contained *2 cocaine after illuminating inside of vehicle and seeing razor blade with white residue on center console).

REVERSED AND REMANDED.

TORPY and LAMBERT, JJ., and JACOBUS, B.W., Senior Judge, concur.