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MALLORY v. STATE

No. 4D02-908.

866 So.2d 127 (2004)

Curtis A. MALLORY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 11, 2004.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Louis G. Carres, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for appellee.

KLEIN, J.

Appellant was convicted of possession of a firearm by a convicted felon and argues that the trial court erred in denying his motion to suppress evidence. His counsel acknowledges that the motion to suppress, which was denied before trial, was not renewed during trial, and was therefore waived under our case law. State v. Gaines, 770 So.2d 1221 (Fla.2000). A recent statutory amendment, however, purports to eliminate...

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