State v. Pratt

District Court of Appeal of Florida

State v. Pratt

591 So. 2d 272, 1991 Fla. App. LEXIS 11657, 1991 WL 225538

CourtDistrict Court of Appeal of Florida

DecidedNovember 6, 1991

DocketNo. 90-1277

StatusPublished

This text of 591 So. 2d 272 (State v. Pratt) 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.

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State v. Pratt, 591 So. 2d 272, 1991 Fla. App. LEXIS 11657, 1991 WL 225538 (Fla. Ct. App. 1991).

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PER CURIAM.

We grant the motion for rehearing and vacate our order of December 24, 1990.

The state appeals from an order granting a motion to suppress physical evidence. The trial court based its determination, at least in part, on the Florida Supreme Court’s decision in Bostick v. State, 554 So.2d 1153 (Fla.1989). That decision has been reversed by the United States Su[273]*273preme Court in Florida v. Bostick, — U.S. -, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991). Accordingly, we reverse and remand to permit the trial court to make express findings of fact after applying the test mandated by Florida v. Bostick.

REVERSED AND REMANDED.

ANSTEAD, HERSEY and WARNER, JJ., concur.

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PER CURIAM.

We grant the motion for rehearing and vacate our order of December 24, 1990.

The state appeals from an order granting a motion to suppress physical evidence. The trial court based its determination, at least in part, on the Florida Supreme Court’s decision in Bostick v. State, 554 So.2d 1153 (Fla.1989). That decision has been reversed by the United States Su[273]*273preme Court in Florida v. Bostick, — U.S. -, 111 S.Ct. 2382, 115 L.Ed.2d 389 (1991). Accordingly, we reverse and remand to permit the trial court to make express findings of fact after applying the test mandated by Florida v. Bostick.

REVERSED AND REMANDED.

ANSTEAD, HERSEY and WARNER, JJ., concur.

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591 So. 2d 272, 1991 Fla. App. LEXIS 11657, 1991 WL 225538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pratt-fladistctapp-1991.

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