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Florida District Courts of Appeal, 2004

Gainer v. State

Gainer v. State
Florida District Courts of Appeal · Decided November 23, 2004 · Ervin, Lewis, Padovano
889 So. 2d 111; 2004 Fla. App. LEXIS 17760; 2004 WL 2725997 (Southern Reporter, Second Series)

Gainer v. State

Opinion of the Court

PER CURIAM.

Appellant, Tommy Lee Gainer, challenges the trial court’s order denying his motion to suppress. Concluding that the officer did not have the reasonable suspi*112cion to justify an investigatory stop, we reverse the suppression order and remand for appellant’s judgment and sentence to be reversed. See Popple v. State, 626 So.2d 185 (Fla. 1993); Batson v. State, 847 So.2d 1149 (Fla. 4th DCA 2003); A.H. v. State, 693 So.2d 89 (Fla. 3d DCA 1997).

REVERSED and REMANDED.

ERVIN, PADOVANO and LEWIS, JJ., concur.

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