         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                         No. 1D17-3819
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SHAKEYNA FOSTER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
                 _____________________________


On appeal from the Circuit Court for Escambia County.
Edward P. Nickinson, III, Judge.

                         June 13, 2018


PER CURIAM.

     Appellant, Shakeyna Foster, challenges her conviction and
sentence for possession of over 20 grams of cannabis following a
no contest plea where she reserved her right to appeal the denial
of a dispositive motion to suppress. Nine pounds of marijuana
were found in the common area of Appellant’s residence after law
enforcement entered the residence to serve arrest warrants on
two brothers who law enforcement believed to be staying there.
Because the law enforcement officers reasonably believed the
subjects of the arrest warrants were present in Appellant’s
residence, the officers were allowed to enter the residence.
Payton v. New York, 445 U.S. 573, 602-03 (1980); § 901.19(1), Fla.
Stat. (2016). After they entered the residence, the officers were
permitted to conduct a protective sweep per Maryland v. Buie,
494 U.S. 325, 334-36 (1990).

    AFFIRMED.

WOLF, BILBREY, and KELSEY, JJ., concur.

                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Andy Thomas, Public Defender, and Robin B. Rogers, Assistant
Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tabitha Herrera and Kaitlin
Weiss, Assistant Attorneys General, Tallahassee, for Appellee.




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