STATE v. JENKINS

No. 5D12-3369.

120 So.3d 649 (2013)

STATE of Florida, Appellant, v. James Arthur JENKINS, Appellee.

District Court of Appeal of Florida, Fifth District.

September 6, 2013.


Attorney(s) appearing for the Case

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellant.

Carlus L. Haynes , Orlando, for Appellee.


WALLIS, J.

The State appeals the lower court's order suppressing James Arthur Jenkins' gun, which fell from his waistband as the police detained him on public property in front of a private residence upon which the police were executing a search warrant. According to testimony, Jenkins' car was parked at the residence. The initial order, prepared by defense counsel, included factual findings, which the State disputed through a motion for rehearing. As a result, the...

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