STATE v. EVANS

No. 80-384.

388 So.2d 1104 (1980)

STATE of Florida, Appellant, v. Eric Thacker EVANS, Appellee.

District Court of Appeal of Florida, Fourth District.

October 15, 1980.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Russell S. Bohn, Asst. Atty. Gen., West Palm Beach, for appellant.

Stephen R. Keroff of Keller & Keroff, P.A., West Palm Beach, for appellee.


PER CURIAM.

The State appeals an order granting appellee's motion to suppress contraband. A recitation of the facts in this case is unnecessary because at the hearing on the motion, the State virtually agreed that the motion was well taken. In response to the court's question as to whether the State concurred in the defendant's position, the assistant state attorney replied: "Well, based upon the facts that have been put in the record, I believe so. Probably."

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