Mullvain v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JEFFREY ROBERT MULLVAIN, ) ) Appellant, ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) __________________________________) Opinion filed July 19, 2002. Appeal from the Circuit Court for Pasco County; William R. Webb, Judge. James Marion Moorman, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Robert A. Butterworth, Attorney General, Tallahassee, and Helene S. Parnes, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Affirmed. FULMER and CASANUEVA, JJ., Concur. BLUE, C.J., Concurs specially with opinion. Case No. 2D00-5295 BLUE, Chief Judge, Specially concurring. I concur in this suppression case because I agree that we must accept the credibility findings of the trial court. However, the arresting officer's testimony that he first became suspicious of the defendant when he observed the defendant driving just below the speed limit in an area where everyone exceeds the limit is, in my opinion, incredible. -2-

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