NOT FINAL UNTIL TIME EXPIRES FOR REHEARING
AND, IF FILED, DETERMINED
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
††††††††††††††††† †††OF THE
v. Appeal No. CRC 06-29 APANO
JUSTIN LOUIS CLARK
Opinion filed __________________.
Appeal from a decision of the
Honorable John D. Carballo
Christopher LaBruzzo, Esquire
Assistant State Attorney
Marc Pelletier, Esquire
Attorney for appellee
ORDER AND OPINION
††††††††††† THIS MATTER is before the Court on the Stateís appeal from an order granting
the defendantís motion to suppress. After reviewing the briefs and record, this Court
affirms the order granting the defendantís motion to suppress.
†ď[A] trial courtís 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 courtís ruling.Ē Pagan v. State, 830 So.2d 792 (
The State does not contend that there was a traffic infraction in this case. The issue in this appeal is whether or not the driving was sufficiently unusual to justify a stop. This must be determined on a case by case basis, see Nicholas at 982; and must be determined under the totality of the circumstances. See Grant v. State, 718 So.2d 238 (Fla. 2d DCA 1998).
The trial court in this case was not persuaded by the officerís testimony that the defendantís driving was sufficiently unusual to justify a stop. The court was not persuaded to find a pattern of unusual driving, given both the short distance covered and the conditions of the roadway at the time of the stop. This Court agrees with the trial courtís decision. Accordingly, the order granting the motion to suppress is affirmed.
††††††††††† IT IS THEREFORE ORDERED that the order granting the defendantís motion to suppress is affirmed.
††††††††††† __________________________††††††††††††††††††††††††††††††† ______________________
††††††††††† ††††††††††† Linda R. Allan††††††††††††††††††††††††††††††††††††††††††††††††† ††††††††† R. Timothy Peters
†††††††††††††††††† ††Circuit Court Judge††††††††††††††††††††††††††††††††††††††††††††† ††††††† Circuit Court Judge
††††††††††††††††††††††††††††††††††††††††††††††† ††††††††††† John A. Schaefer
††††††††††††††††††††††††††††††††††††††††††††††† ††††††††† Circuit Court Judge
cc:††††††† Marc Pelletier, Esquire
††††††††††† Office of the State Attorney
††††††††††† Honorable John D. Carballo