County Criminal Court: CRIMINAL LAW – Search and Seizure – Stop - Trial court’s decision was based upon subsequently overturned case of Bodden; therefore, the order granting the defendant’s motion to suppress is reversed. – Order granting motion to suppress reversed. State v. Kane, No. CRC 04-12 APANO (Fla. 6th Cir. App. Ct. Nov. 22, 2004).

 

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

STATE OF FLORIDA

 

            Appellant,

 

v.                                                                                                                                                                   Appeal No. CRC 04-12 APANO

                UCN522004AP000012XXXXCR

ANDREW STEVEN KANE

 

            Appellee.

_______________________________/

 

 

Opinion filed ___________________.

 

Appeal from a decision of the

Pinellas County Court

County Judge William Overton

 

Aaron Slavin, Esq.

Assistant State Attorney

 

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. The appellee failed to file an answer brief, despite being given ample opportunity to do so. A review of the record shows that the trial court based its decision entirely on the case of State v. Bodden, 872 So.2d 916 (Fla. 2d DCA 2002). At the time of the trial court’s decision, that was binding precedent and obviously had to be followed. Since the trial court’s decision, however, the Florida Supreme Court has reversed the Second District’s decision in State v. Bodden , 877 So.2d 680 (Fla. 2004). Therefore, because the decision of the trial court was based on case law that has been overruled, the order of the trial court must be reversed.

            IT IS THEREFORE ORDERED that the decision of the trial court is reversed, and this case is remanded to the trial court for action consistent with this Opinion.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of November, 2004.

 

 

                                                                        ____________________________

                                                                                    David A. Demers

                                                                                    Circuit Judge

 

 

 

 

 

                                                                        ____________________________

                                                                                    Robert J. Morris, Jr.

                                                                                    Circuit Judge

 

 

 

 

                                                                        _____________________________

                                                                                    Irene S. Sullivan

                                                                                    Circuit Judge

 

 

cc:   State Attorney

 

        R. Michael Robinson, Esq.

 

         Judge Overton