State v. Moody

OPINION ON MOTION FOR REHEARING

HARRIS, Judge.

This matter was originally dismissed for lack of jurisdiction because it was an appeal from an order granting a motion rather than from an order specifically suppressing evidence. See Rule 9.140(c)(1)(B), Rules of Appellate Procedure. However, on the authority of State v. Saufley, 574 So.2d 1207 (Fla. 5th DCA 1991), we reinstate the appeal and grant rehearing, determine that we have jurisdiction and proceed on the merits.

Officer Antoszewski of the Altamonte Springs Police Department, while on “mall patrol,” observed Tamberlane Moody walking…