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McCUTCHEON v. STATE

No. 96-297.

773 So.2d 562 (1996)

Jack McCUTCHEON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 10, 1996.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Julie M. Levitt, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Erin E. Dardis, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

CONFESSION OF ERROR

PER CURIAM.

As the state has correctly conceded, section 790.08(3), Florida Statutes (1995) requires reversal of the order below denying the appellant's motion for return of his firearms. Berkman v. State, 666 So.2d 606 (Fla. 3d DCA 1996); Tiller v. State, 650 So.2d 1134 (Fla. 4th DCA 1995); Carneiro v. State, 464 So.2d 639

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