District Court of Appeal of Florida September 12, 1989, No. 88-2608 (Murphy v. State)

PER CURIAM.

Defendant has appealed denial of his motion to suppress evidence obtained from an allegedly unlawful pat-down search. Defendant pled nolo contendere to the substantive charges against him while reserving the right to appeal denial of the motion to suppress. We conclude that the case is controlled by Russell v. State, 415 So.2d 797 (Fla. 3d DCA 1982), review denied, 427 So.2d 737 (Fla.