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STATE v. GRAY

No. 78-1396.

366 So.2d 137 (1979)

STATE of Florida, Appellant, v. Olen Eugene GRAY, Appellee.

District Court of Appeal of Florida, Second District.

January 10, 1979.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee and C. Marie King, Asst. Atty. Gen., Tampa, for appellant.

Jack O. Johnson, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Bartow, for appellee.

RYDER, Judge.

Olen Eugene Gray was charged with grand theft. He filed a motion to suppress evidence claiming unlawful stop and arrest. After hearing, the motion was granted and the State appeals.

The record before us reveals that on February 18, 1978, at about 8:00 p.m., Glades County Deputy Sheriff Tommy Herne observed a pickup truck towing an empty flat-bed trailer along a road flanked by farms. The rig was traveling at an unusually slow rate of speed. Herne...

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