KERN v. STATE

No. 96-3414.

706 So.2d 1366 (1998)

Joseph KERN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 30, 1998.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.


W. SHARP, Judge.

Kern appeals from an order releasing evidence to the state. This evidence had been seized by the Metropolitan Bureau of Investigation and used against Kern in his criminal case. The court found "probable cause" that the evidence was contraband. We affirm, but modify the order as set forth herein.

Kern was charged on June 28, 1996, with delivery of drug paraphernalia, a violation of section 893.147(2), Florida Statutes (1995). Kern waived his...

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