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STATE v. MONINGER

No. 2D05-4568.

957 So.2d 2 (2007)

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

District Court of Appeal of Florida, Second District.

Rehearing Denied February 26, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellant.

Mark A. Goettel of Mark A. Goettel, P.A., New Port Richey, for Appellee.

SILBERMAN, Judge.

The State appeals an order suppressing evidence in the prosecution of Donald Moninger for lewd or lascivious molestation, capital sexual battery, and two counts of lewd or lascivious battery.1 Because the trial court properly suppressed the challenged evidence, two used condoms, we affirm the suppression order.

In his motion to suppress, Moninger alleged that on July 8...

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