State v. Pratt

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

Opinions

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 Supreme 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.