
    STATE of Florida, Appellant, v. Carlos Francisco CHAVECO, Appellee.
    No. 5D15-3573.
    District Court of Appeal of Florida, Fifth District.
    Sept. 2, 2016.
    Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellant.
    Christopher R. Kaigle, of The Kaigle Law Firm, P.A., Orlando, for Appellee.
   ON MOTION FOR CLARIFICATION, REHEARING AND WRITTEN OPINION

PER CURIAM.

We deny Appellee’s motion for written opinion as moot, deny the motion for rehearing, and grant the motion for clarification. We withdraw the previous opinion and substitute the following in its place.

The State appeals an order granting the motion to suppress filed by Appellee. The State contends that the police had reasonable suspicion that Appellee was operating or in actual physical control of a motor vehicle while under the influence of alcohol in violation of section 316.193, Florida Statutes (2015). Based on the record before us, we agree. Accordingly, we reverse the order under review and remand this case for further proceedings.

REVERSED and REMANDED.

SAWAYA, ORFINGER and BERGER, JJ., concur.  