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STATE v. DUHART

No. 4D01-1343.

810 So.2d 972 (2002)

STATE of Florida, Appellant, v. Donald DUHART, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 2, 2002.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellant.

Carey Haughwout, Public Defender, and Paul E. Petillo, Assistant Public Defender, West Palm Beach, for appellee.

SHAHOOD, J.

Appellant, State of Florida, appeals an order granting appellee's motion to suppress. Holding that the trial court abused its discretion in granting appellee's motion to suppress, we reverse and remand for proceedings consistent with this opinion.

In this case, the state charged appellee, Donald Duhart, by information with grand theft of a motorcycle. Appellee filed a motion to suppress the motorcycle that was seized, as well as any statements...

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