STATE v. CARTER

No. 90-628.

563 So.2d 728 (1990)

The STATE of Florida, Appellant, v. Douglas CARTER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 27, 1990.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Anita J. Gay, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellee.

Before COPE, GERSTEN and GODERICH, JJ.


PER CURIAM.

Appellee, Douglas Carter, was charged with driving under the influence in violation of section 316.193, Florida Statutes (1989). Appellee, contending his initial traffic stop was invalid, sought to suppress evidence seized after the stop. The trial court denied the motion to suppress. The circuit court, sitting in its review capacity, found the stop pretextual. In a split opinion reversing the trial court, the circuit court suppressed the evidence.

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