State v. Hines
State v. Hines
Opinion of the Court
ON MOTION FOR REHEARING/CLARIFICATION
The state has filed a motion for rehearing/elarifieation of our opinion dated March 7,1997. We grant the motion, withdraw the March 7 opinion, and issue this opinion in its stead. In this regard, we have now received a completed record on appeal and, as a result, we are able to properly review the trial court’s suppression order. Upon review, we affirm.
The defendant was charged with battery on a law enforcement officer,
The trial court thereafter promptly responded by entering a written order explaining that it had suppressed the “cannabis ... and other physical evidence taken from the person of [the defendant]” because the evidence had been seized following an unlawful detention. The trial court concluded that the detention was unlawful because the police lacked any articulable suspicion to justify the detention.
On appeal, the state has not challenged the suppression order. Instead, as noted above, the state argues only that the trial court erred in dismissing the charges against the defendant. We affirm the trial court’s order because it is now clear that the order on appeal is a suppression, not a dismissal, order.
Additionally, we note that, in reaching the conclusion that suppression was warranted in this case, the trial court must not have believed the testimony of the state’s witness regarding the detention. In ruling, the court referred to the testimony as “disingenuous.” This determination concerning the credibility of the witness is within the realm of the trier of fact and will not be disturbed on appeal. See State v. Polak, 598 So.2d 150 (Fla. 1st DCA 1992).
AFFIRMED.
. § 784.07, Fla. Stat. (1993).
. § 843.01, Fla. Stat. (1993).
. § 893.13, Fla. Stat. (1993).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.