State v. V.M.

SUBSTITUTED OPINION

NESBITT, Judge.

The state appeals the grant of a motion to suppress evidence seized. In accordance with this court’s decision in State v. M.G., 550 So.2d 1122 (Fla. 3d DCA), review denied, 551 So.2d 462 (Fla. 1989), and State v. J.R.R., 550 So.2d 1124 (Fla. 3d DCA), review denied, 551 So.2d 462 (Fla.1989), we treat the state’s notice of appeal as a petition for writ of certiorari. We grant the petition and quash the trial court’s order.

At a hearing on respondent V.M.’s motion to suppress, it was established that while on gang surveillance, a detective observed V.M. retrieve…