STATE v. GIRARD

No. 96-1869.

694 So.2d 131 (1997)

STATE of Florida, Appellant, v. Christopher GIRARD, Appellee.

District Court of Appeal of Florida, Fifth District.

May 30, 1997.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellant.

James B. Gibson, Public Defender, and Dan D. Hallenberg, Assistant Public Defender, Daytona Beach, for Appellee.


PETERSON, Chief Judge.

The state appeals an order suppressing evidence of crack cocaine found on the floor of Girard's vehicle after he was stopped by the police for having an inoperative tag light. The trial court found the stop to be pretextual but on rehearing concluded that it erred in light of Whren v. U.S., ___ U.S. ___, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996), decided on the same day the suppression order was rendered. The state, however, prior to filing...

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