STATE v. RAKER

No. 1D03-5129.

883 So.2d 887 (2004)

STATE of Florida, Appellant, v. Joseph RAKER, Appellee.

District Court of Appeal of Florida, First District.

October 1, 2004.


Attorney(s) appearing for the Case

Charlie Crist, Attorney General, Shasta W. Kruse, Assistant Attorney General, Tallahassee, for Appellant.

Richard H. Smith, Tallahassee, for Appellee.


WEBSTER, J.

The state seeks review of an order granting appellee's motion to suppress. We have jurisdiction. See Art. V, § 4(b)(1), Fla. Const.; Fla. R.App. P. 9.140(c)(1)(B). Because we conclude that the trial court erred, we reverse.

The evidence is undisputed. Only the arresting officer, a Wakulla County Sheriff's Department deputy, testified. She said that she was returning to the sheriff's office in a marked patrol car at approximately 10...

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