
    STATE of Florida, Appellant, v. James HENDERSHOT, Appellee.
    No. 81-479.
    District Court of Appeal of Florida, Second District.
    Dec. 2, 1981.
    
      Jim Smith, Atty. Gen., Tallahassee and David T. Weisbrod, Asst. Atty. Gen., Tampa, for appellant.
    Robert W. Pope, St. Petersburg, for ap-pellee.
   PER CURIAM.

The state appeals the trial court’s order suppressing the evidence against appellee. Because the police officer had no legal right to be in appellee’s back yard at the time he observed the marijuana plant, we AFFIRM. State v. Morsman, 394 So.2d 408 (Fla.1981).

BOARDMAN, A. C. J., and OTT and RYDER, JJ., concur.  