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386 So. 2d 1208

Silvern v. State

District Court of Appeal of Florida · decided 1980-06-24

Relies on 245 So. 2d 225 - State v. Ashby · Muina v. Sheriff of Gulf County

Decided 1980-06-24

BASKIN, Judge.

¶1We approve the denial by the trial court of defendant’s motion to dismiss and motion to suppress upon a finding that the officer’s *1209observation of a gun holster protruding . from beneath the driver’s seat of the car, in plain view, led to the inadvertent discovery of the firearm upon which the charge was based. State v. Ashby, 245 So.2d 225 (Fla. 1971); State v. Hall, 376 So.2d 276 (Fla. 3d DCA 1979). We find no merit in defendant’s other points on appeal.

¶2The judgment and sentence are affirmed.

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