IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
STATE OF FLORIDA,
Appellant,
v. Case No. 5D15-3573
CARLOS FRANCISCO CHAVECO,
Appellee.
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Opinion filed September 2, 2016
Appeal from the Circuit Court
for Orange County,
Timothy R. Shea, Judge.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Andrea K. Totten,
Assistant Attorney General, Daytona
Beach, for Appellant.
Christopher R. Kaigle, of The Kaigle Law
Firm, P.A., Orlando, for Appellee.
ON MOTION FOR CLARIFICATION, REHEARING AND WRITTEN OPINION
PER CURIAM.
We deny Appellee’s motion for written opinion as moot, deny the motion for
rehearing, and grant the motion for clarification. We withdraw the previous opinion and
substitute the following in its place.
The State appeals an order granting the motion to suppress filed by Appellee. The
State contends that the police had reasonable suspicion that Appellee was operating or
in actual physical control of a motor vehicle while under the influence of alcohol in violation
of section 316.193, Florida Statutes (2015). Based on the record before us, we agree.
Accordingly, we reverse the order under review and remand this case for further
proceedings.
REVERSED and REMANDED.
SAWAYA, ORFINGER and BERGER, JJ., concur.
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