Slagle v. State , 1998 Fla. App. LEXIS 8477 ( 1998 )

PER CURIAM.

We reverse the trial court’s denial of appellant’s motion to suppress. Viewing the evidence and reasonable inferences in a light most favorable to sustaining the order, we find that the state never established that appellant was in such proximity to the area where the evidence was discovered to justify the search and seizure as incident to lawful arrest.

MINER, WOLF and DAVIS, JJ., concur.