STATE v. McCABE

No. 2D02-2880.

845 So.2d 327 (2003)

STATE of Florida, Appellant, v. Roxanna L. McCABE, Appellee.

District Court of Appeal of Florida, Second District.

May 21, 2003.


Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellant.

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellee.


FULMER, Judge.

The State appeals from an order granting Roxanna McCabe's motion to suppress evidence. Because the trial court misapplied the law to the facts of this case, we reverse the trial court's order and remand for further proceedings.

McCabe was charged by information with possession of alprazolam, a controlled substance, and driving under the influence (DUI). McCabe filed a motion to suppress evidence, asserting that the charges arose out of a traffic...

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