Opinion
No. 1D03-2816.
November 23, 2004.
An appeal from the Circuit Court for Okaloosa County. Thomas T. Remington, Judge.
Nancy A. Daniels, Public Defender; Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General; Thomas D. Winokur, Assistant Attorney General, Tallahassee, for Appellee.
Appellant, Tommy Lee Gainer, challenges the trial court's order denying his motion to suppress. Concluding that the officer did not have the reasonable suspicion 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.