State v. Marchena (663 So. 2d 685, 1995)

COBB, Judge.

The order suppressing evidence is affirmed. However, the trial court erred in dismissing the case in conjunction with granting the motion to suppress where no motion to dismiss was pending. See State v. Leyva, 599 So.2d 691 (Fla. 3d DCA 1992). Therefore, that portion of the suppression order dismissing the charge is stricken. The cause is remanded for further proceedings consistent with this opinion.

AFFIRMED AS MODIFIED; REMANDED.

DAUKSCH and ANTOON, JJ., concur.