BABUN v. STATE

No. 90-1270.

576 So.2d 377 (1991)

Lincoln BABUN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 12, 1991.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.

Before FERGUSON, LEVY and GODERICH, JJ.


ON CONFESSION OF ERROR

PER CURIAM.

The State concedes, correctly, that the trial court erroneously applied section 943.058, Florida Statutes (1989), in denying a motion to expunge and seal court records showing that the movant was arrested and charged with a criminal offense. The statute, which prohibits the sealing of records in a completed case, does not apply where the charges are nolle prossed.1 Canter v. State,

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