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BLICE v. STATE

No. 5D01-2718.

825 So.2d 447 (2002)

Andrew BLICE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 10, 2002.

Attorney(s) appearing for the Case

Marc L. Lubet, of Mark L. Lubet, P.A., Orlando, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Schumann, Assistant Attorney General, Daytona Beach, for Appellee.

HARRIS, J.

Officers approached a vehicle parked in a non-designated parking area behind a closed business at 1:30 in the morning and found Blice apparently asleep. Upon approaching the vehicle, the officers observed what they believed to be the butt of a handgun partially concealed by an article of clothing. This portion of the event was a police/citizen encounter. Because Blice was parked late at night next to a breezeway of a closed business, an area not designated...

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