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STATE v. STEPHENS

No. 83-275.

441 So.2d 171 (1983)

The STATE of Florida, Appellant, v. Robert and Denise STEPHENS, Appellees.

District Court of Appeal of Florida, Third District.

November 15, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Jack B. Ludin, Asst. Atty. Gen., for appellant.

Harvey S. Swickle, North Miami Beach, for appellees.

Before HENDRY, BASKIN and JORGENSON, JJ.

PER CURIAM.

The state appeals the trial court's order suppressing physical evidence seized from the Stephens' automobile without a warrant. Our review of the record reveals the existence of conflicts in testimony.

It is well-settled that on a motion to suppress, the trial court serves as trier of both fact and law. Cameron v. State, 112 So.2d 864 (Fla. 1st DCA 1959). It is the province of the trial judge to make determinations...

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