NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF
STATE OF
Appellant,
v. Appeal No. CRC 05-76 APANO
UCN522005AP000076XXXXCR
RICHARD LEE FARMER, II
Appellee.
______________________________/
Opinion filed __________________.
Appeal from a decision of the
County Judge Paul Levine
Rohom Khonsari, Esq.
Assistant State Attorney
Steve Bartlett, Esq.
Attorney for appellee
ORDER AND OPINION
THIS MATTER is before the Court on the State’s appeal from a decision of the Pinellas County Court granting the defendant’s motion to suppress. After reviewing the briefs and record, this Court affirms the decision of the trial court.
“[A] trial court’s ruling on a motion to
suppress comes to the appellate court clothed with a presumption of
correctness, and the reviewing court must interpret the evidence and reasonable
inferences and deductions derived therefrom in a manner most favorable to
sustaining the trial court’s ruling.” Pagan v. State, 830 So.2d 792 (
The State contends that the trial court erred in granting the defendant’s motion to suppress. It claims that the testimony, together with the video, demonstrates that the officer was justified in stopping the defendant based upon the defendant’s driving. The trial court, however, found the defendant was only “casually drifting in his lane.” Moreover, the trial court found that the testimony of the officer was, at times, at odds with the video.
This Court has reviewed the video; and finds that it does not support the State’s contention. The driving depicted does not support a stop. Although this Court recognizes that the State’s argument is only partially based upon the video, this Court agrees with the trial court that the video does not fully support the conclusions of the officer. Therefore, the trial court was correct to grant the defendant’s motion to suppress.
IT IS THEREFORE ORDERED that the decision of the trial court is affirmed.
DONE
AND ORDERED in Chambers at
_____________________________
J. Thomas McGrady
Circuit Judge
_____________________________
R. Timothy Peters
Circuit Judge
_____________________________
John A. Schaefer
Circuit Judge
cc: State Attorney
Judge Levine
Steve Bartlett, Esq.