DIAZ v. STATE

No. 2D00-3542.

800 So.2d 326 (2001)

Johnny DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 14, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Carol J.Y. Wilson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Johnny Diaz challenges his conviction and sentence for felony driving with a suspended license. He argues that the trial court erred in denying his motion to suppress the identification evidence he provided the police when stopped. We agree and reverse.

A Hillsborough County Deputy Sheriff observed a vehicle driven by Diaz pass by with a temporary tag on the top of the rear window. Because he could not read the tag, the deputy initiated a traffic...

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