District Court of Appeal of Florida December 5, 1997, No. 96-3602 (State v. Witherington)

THOMPSON, Judge.

The state appeals an order granting Paul Thomas Witherington’s motion to suppress evidence obtained after a deputy entered a private yard while investigating a misdemeanor. The only issue is whether Wither-ington had a reasonable expectation of privacy in his back yard. We find he did and affirm.