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388 So. 2d 1104

State v. Evans

District Court of Appeal of Florida

Decided October 15, 1980

District Court of Appeal of Florida · decided 1980-10-15

Cited by 2 later decisions — most recently April 1990

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-15

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PER CURIAM.

¶1The State appeals an order granting ap-pellee’s motion to suppress contraband. A recitation of the facts in this case is unnecessary because at the hearing on the motion, the State virtually agreed that the motion was well taken. In response to the court’s question as to whether the State concurred in the defendant’s position, the assistant state attorney replied: “Well, based upon the facts that have been put in the record, I believe so. Probably.”

¶2The State may not lead the court to an incorrect conclusion and then be heard to complain that the court erred.

¶3AFFIRMED.

MOORE, HERSEY and GLICKSTEIN, JJ., concur.
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