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URQUIOLA v. STATE

No. 90-2908.

590 So.2d 497 (1991)

Ruben URQUIOLA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 3, 1991.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Eric Bruce and Michael J. Neimand, Asst. Attys. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and GERSTEN, JJ.

PER CURIAM.

The appellee, in its supplemental brief, having admitted1 that the gun in the instant case was in a container and could not be removed without opening the lid, in effect, concedes that the firearm was encased within the exception of Section 790.25(5), Florida Statutes (1989).2 Although the law enforcement officers and apparently the trial court, believe that the container lid must be secured by...

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