CAPUANO v. STATE

No. 76-1480.

347 So.2d 629 (1977)

Nicholas J. CAPUANO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 6, 1977.


Attorney(s) appearing for the Case

Nicholas J. Capuano, in pro. per.

Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.


ALDERMAN, Judge.

Appellant seeks reversal of an order denying a motion to expunge his arrest record pursuant to Section 901.33, Florida Statutes (1975). The trial court held that Section 901.33 is not retroactive and therefore not applicable to appellant's arrest which occurred prior to the effective date of the statute. We reverse.

The State contends that an order denying a motion to expunge is non-appealable, pointing out that it is not included in Section...

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