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CITY OF ORLANDO, POLICE DEPT. v. JORRIN

No. 85-1069.

489 So.2d 172 (1986)

CITY OF ORLANDO, Florida, POLICE DEPARTMENT, Appellant, v. Llandro Lorenzo JORRIN, Appellee.

District Court of Appeal of Florida, Fifth District.

May 29, 1986.

Attorney(s) appearing for the Case

Holly A. Harmon, Asst. Legal Advisor, Orlando Police Dept., Orlando, for appellant.

No appearance for appellee.

En Banc.

COBB, Chief Judge.

In this case the City of Orlando sought to forfeit a car in which the driver allegedly was carrying a partially concealed firearm, a .357 handgun. The trial judge entered summary judgment for the owner, and the City appeals.

The City contends that forfeiture is warranted on either of two independent statutory grounds:

(1) The vehicle contained a contraband article as defined in s. 932.701(2)(e), Fla. Stat. (1983), and is subject...

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