
    STATE of Florida, Appellant, v. Richard Arvin GUEVARA, Appellee.
    Case No. 5D16-792
    District Court of Appeal of Florida, Fifth District.
    Decision filed January 13, 2017
    Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellant.
    James S. Purdy, Public Defender, and Kevin R. Holtz, Assistant Public Defender, Daytona Beach, for Appellee.
   PER CURIAM.

AFFIRMED.

ORFINGER and EDWARDS, JJ., concur.

BERGER, J., concurring specially.

BERGER, J.,

concurring specially.

It is more likely than not that exigent circumstances existed in this capital sexual battery case to justify the warrantless search. However, at the hearing on Guevara’s motion to suppress, the State inexplicably failed to put on any evidence in support of the exigency exception, even after being given the opportunity to reopen its case. For this reason, I am constrained to concur. 
      
      . In addition to the testimony presented during the hearing on Guevara's motion to suppress, the record on appeal contains the police report and a transcript of the victim’s mother's testimony. The additional information, while probative, was not introduced at the hearing and, thus, was not considered by the trial court when ruling on the motion to suppress.
     