McCutcheon v. State

District Court of Appeal of Florida

Decided July 10, 1996

District Court of Appeal of Florida · decided 1996-07-10

Relies on 464 So. 2d 639 - Carneiro v. State · Singer Island Hotel, Inc. v. Nikolits · Berkman v. State

Decided 1996-07-10

¶1CONFESSION OF ERROR

PER CURIAM.

¶2As the state has correctly conceded, section 790.08(3), Florida Statutes (1995) requires reversal of the order below denying the appellant’s motion for return of his firearms. Berkman v. State, 666 So.2d 606 (Fla. 3d DCA 1996); Tiller v. State, 650 So.2d 1134 (Fla. 4th DCA 1995); Cameiro v. State, 464 So.2d 639 (Fla. 3d DCA 1985).

¶3Reversed.