IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

ELAINE WISE

             Appellant,

v.                                          Appeal No. CRC 00-6658 CFANO

STATE OF FLORIDA

             Appellee.

________________________/

Opinion filed __________________.

Appeal from a judgment and sentence

Entered by the Pinellas County Court

County Judge McGrady

Jan Andrew Press, Esq.

Attorney for appellant

Jason Stedman, Esq.

Assistant State Attorney

ORDER AND OPINION

      THIS MATTER is before the Court on Elaine Wise’s appeal from a judgment and sentence. After reviewing the briefs and record, this Court affirms the judgment and sentence.

      The appellant pleaded no contest to the charges, and the present record does not establish that the appellant properly preserved her right to appeal the denial of her motion to suppress. However, even if the appellant had established her right to appeal, this Court would still affirm the judgment and sentence.

        The issue determined by the trial court was essentially a credibility determination. Credibility determinations are to be made by the trial court, not the appellate court. California Club Realty v. Lucca, 517 So.2d 72 (Fla. 3d DCA 1988). Since the trial court believed the police officer’s testimony, that evidence was sufficient to justify a stop of the appellant. Therefore, the motion to suppress was properly denied.

       IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.

       DONE AND ORDERED in Chambers at St.Petersburg, Pinellas County, Florida this _____ day of January, 2001.

cc:   State Attorney

        Judge McGrady

        Jan Andrew Press, Esq.