Florida District Courts of Appeal, 1998

State v. Lucas

Florida District Courts of Appeal · Decided April 1, 1998 · Gunther, Klein, Stone

707 So. 2d 429; 1998 Fla. App. LEXIS 3187; 23 Fla. L. Weekly Fed. D 868 (Southern Reporter, Second Series)

Concurring Opinion

STONE, Chief Judge,

concurring specially.

I concur separately only to note that, in my judgment, the statute in question would not mandate suppressing the evidence uncovered in the search here but for the state’s apparent concession at the motion to suppress hearing that the statute applied and its failure to raise before the trial court the issue asserted on appeal.

Opinion of the Court

PER CURIAM.

AFFIRMED.

GUNTHER and KLEIN, JJ., concur. STONE, C.J., concurs specially with opinion.

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