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STATE v. SAVINO

No. 96-0986.

686 So.2d 811 (1997)

STATE of Florida, Appellant, v. Toni SAVINO and Gustavo O. Chavez, Appellees.

District Court of Appeal of Florida, Fourth District.

January 29, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellant.

Peter D. Lent, Fort Lauderdale, for Appellee-Toni Savino.

Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for Appellee-Gustavo O. Chavez.

PER CURIAM.

AFFIRMED.

FARMER and GROSS, JJ., concur.

WARNER, J., dissents with opinion.

WARNER, Judge, dissenting.

Based on Whren v. United States, ___; U.S. ___, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996), I would hold that the officer had probable cause to stop appellees' vehicle for a violation of section 316.610, Florida Statutes (1995), due to its cracked windshield. The officer testified...

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