State v. Carlos F. Chaveco

District Court of Appeal of Florida

State v. Carlos F. Chaveco

199 So. 3d 509, 2016 Fla. App. LEXIS 13271, 2016 WL 4607889

CourtDistrict Court of Appeal of Florida

DecidedSeptember 2, 2016

Docket5D15-3573

StatusPublished

This text of 199 So. 3d 509 (State v. Carlos F. Chaveco) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Carlos F. Chaveco, 199 So. 3d 509, 2016 Fla. App. LEXIS 13271, 2016 WL 4607889 (Fla. Ct. App. 2016).

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Opinion

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 re *510 verse the order under review and remand this case for further proceedings.

REVERSED and REMANDED.

SAWAYA, ORFINGER and BERGER, JJ., concur.

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