County Criminal Court: CRIMINAL LAW – Search and Seizure – Stop – Case remanded for reconsideration in light of State v. Bodden, 29 Fla. L. Weekly S153 (Fla. 2004) – motion to suppress set aside. State v. Muller, No. CRC 03-71 APANO, (Fla. 6^th Cir. App.Ct. July 27, 2004).

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

STATE OF FLORIDA

v. Appeal No. CRC 03-71 APANO

UCN52003AP000071XXXXCR

EDWARD MULLER

___________________________/

Opinion filed _________________.

Appeal from a decision

of the Pinellas County Court

County Judge Thomas Freeman

Nicholas Dorsten, Esq.

Assistant State Attorney

Mark Thellman, 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 to grant the defendant’s motion to suppress. A review of the record reveals that the trial judge based his decision on the case of State v. Bodden, 872 So.2d 916 (Fla. 2d DCA 2002). At the time of the trial court’s ruling, the decision by the Second District Court of Appeal was binding precedent. However, since the filing of this appeal, the Florida Supreme Court has overruled Bodden in State v. Bodden, 29 Fla. L. Weekly S153 (Fla. 2004). Since the basis for the trial court’s decision has been overruled, the order granting the motion to suppress must be vacated. Upon remand, the trial court may reconsider its decision in light of the Florida Supreme Court’s decision in Bodden.

IT IS THEREFORE ORDERED that the order granting the defendant’s motion to suppress is set aside, and the matter is remanded to the trial court for further proceedings consistent with this opinion.

DONE AND ORDERED in Chambers at St.Petersburg, Pinellas County, Florida this _____ day of July, 2004.

_______________________

James R. Case

Circuit Judge

________________________

Nancy Moate Ley

Circuit Judge

________________________

John A. Schaefer Circuit Judge

cc: State Attorney

Judge Freeman

Mark Thellman, Esq.