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STATE v. AVERETTE

No. 84-2564.

473 So.2d 3 (1985)

STATE of Florida, Appellant, v. Timothy AVERETTE, a/K/a Timothy Crofford Averett, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 30, 1985.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellant.

James Marion Moorman, Public Defender, and Paul C. Helm, Asst. Public Defender, Bartow, for appellee.

FRANK, Judge.

Timothy Averette was charged with possession of a firearm by a convicted felon in violation of section 790.23, Florida Statutes. The trial court granted Averette's motion to suppress the firearm that gave rise to the charges against him. The state appealed and we reverse.

The record reveals that Averette's car was stopped by a police officer who knew, from a prior investigation, of the existence of an outstanding warrant for Averette's arrest...

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