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BERKMAN v. STATE

No. 95-3628.

666 So.2d 606 (1996)

Matthew Jay BERKMAN, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 7, 1996.

Attorney(s) appearing for the Case

Joel Kaplan, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before BARKDULL, NESBITT, and GERSTEN, JJ.

CONFESSION OF ERROR

PER CURIAM.

The State confesses error in the trial court's partial denial of appellant's motion to return property, which left three handguns seized from appellant during an arrest in the State's custody. Because the seized firearms are neither the subject of any charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08(3) of the Florida Statutes mandates their return to appellant...

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