
    STATE of Florida, Appellant, v. Toni SAVINO and Gustavo O. Chavez, Appellees.
    No. 96-0986.
    District Court of Appeal of Florida, Fourth District.
    Jan. 29, 1997.
    Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellant.
    Peter D. Lent, Fort Lauderdale, for Ap-pellee-Toni Savino.
    Richard L. Jorandby, Public Defender, and David McPherrin, Assistant Public Defender, West Palm Beach, for Appellee-Gustavo 0. Chavez.
   PER CURIAM.

AFFIRMED.

FARMER and GROSS, JJ., concur.

WARNER, J., dissents with opinion.

WARNER, Judge,

dissenting.

Based on Whren v. United States, — U.S. -, 116 S.Ct. 1769,135 L.Ed.2d 89 (1996), I would hold that the officer had probable cause to stop appellees’ vehicle for a violation of section 316.610, Florida Statutes (1995), due to its cracked windshield. The officer testified that it would be difficult to see through a “spider” crack along the windshield, and that condition could be hazardous to other vehicles on the road.

I would reverse the order granting the motion to suppress evidence seized in plain view as a result of the stop.  