State v. Evans

Florida District Courts of Appeal
State v. Evans, 388 So. 2d 1104 (1980)
1980 Fla. App. LEXIS 17401
Glickstein, Hersey, Moore

State v. Evans

Opinion of the Court

PER CURIAM.

The 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.”

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

AFFIRMED.

MOORE, HERSEY and GLICKSTEIN, JJ., concur.

Reference

Full Case Name
STATE of Florida v. Eric Thacker EVANS
Cited By
2 cases
Status
Published