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STATE v. RILEY

No. 92-2789.

625 So.2d 1261 (1993)

STATE of Florida, Appellant, v. Todd RILEY, Appellee.

District Court of Appeal of Florida, Fifth District.

October 1, 1993.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anthony J. Golden, Asst. Atty. Gen., Daytona Beach, for appellant.

James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellee.

COBB, Judge.

The state appeals an order of suppression based upon the trial court's finding that the defendant was improperly stopped for failure to use a turn signal. The trial court found that no other vehicle was affected by the turn, therefore no offense occurred based upon the provisions of section 316.155, Florida Statutes (1991), which provides:

(1) No person may turn a vehicle from a direct course upon a highway unless and until such movement can...

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