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CARNEIRO v. STATE

No. 84-1417.

464 So.2d 639 (1985)

Lazaro CARNEIRO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 5, 1985.

Attorney(s) appearing for the Case

Michael A. Nuzzo, Miami, for appellant.

Jim Smith, Atty. Gen., and Diane Leeds, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and JORGENSON, JJ.

PER CURIAM.

Notwithstanding that this court ordered the defendant acquitted on double jeopardy grounds in Corneiro v. Solomon, 450 So.2d 599 (Fla. 3d DCA 1984), the trial judge denied his subsequent timely application for the return of the pistol allegedly employed in the offenses of which he was accused. The defendant appeals. While we understand and may share the lower court's reluctance to do so, the mandatory terms of...

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