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STATE v. MARTHALLER

Nos. 82-1236, 83-1370.

436 So.2d 413 (1983)

The STATE of Florida, Appellant/Petitioner, v. Ralph MARTHALLER, Appellee/Respondent.

District Court of Appeal of Florida, Third District.

August 23, 1983.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellant/petitioner.

Charles I. Poole, Miami, for appellee/respondent.

Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

We reverse the manifestly erroneous order suppressing a weapon seized from the defendant Marthaller and remand the cause for trial on the information charging Marthaller with carrying a concealed weapon.

The order of suppression under review recites in pertinent part:

"1. At approximately 1:15 A.M., on November 17, 1981, Officers J. Moore and E. MacDougall of the Metro-Dade Police Department responded to a call of a disturbance...

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