From Casetext: Smarter Legal Research

State v. Burton

District Court of Appeal of Florida, Third District
Dec 28, 1993
627 So. 2d 1346 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-1726.

December 28, 1993.

An Appeal from the Circuit Court of Dade County; Roberto M. Pineiro, Judge.

Robert A. Butterworth, Atty. Gen., and Mark Rosenblatt, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Asst. Public Defender, for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.


CONFESSION OF ERROR


The State has appealed from two orders. The first is one suppressing tangible evidence, to-wit: a firearm and contraband, contending that the search of the passenger compartment of a vehicle was a legal search incident to an arrest. The second order is one dismissing the case.

Based upon the appellee's candid and correct confession of error, the orders of the trial court suppressing the said evidence and dismissing the case are reversed. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); State v. Scott, 576 So.2d 411 (Fla. 3d DCA 1991); Hardin v. State, 578 So.2d 400 (Fla. 1st DCA 1991); State v. Gonzalez, 562 So.2d 705 (Fla. 3d DCA 1990).

Reversed and remanded.


Summaries of

State v. Burton

District Court of Appeal of Florida, Third District
Dec 28, 1993
627 So. 2d 1346 (Fla. Dist. Ct. App. 1993)
Case details for

State v. Burton

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. GREGORY H. BURTON, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 28, 1993

Citations

627 So. 2d 1346 (Fla. Dist. Ct. App. 1993)