State v. Burton, 93-1726

• Decision Date: 28 December 1993
• Docket Number: No. 93-1726,93-1726
• Citation: 627 So.2d 1346
• Parties: 19 Fla. L. Weekly D63 The STATE of Florida, Appellant, v. Gregory H. BURTON, Appellee.
• Court: Florida District Court of Appeals

Page 1346

627 So.2d 1346

19 Fla. L. Weekly D63

The STATE of Florida, Appellant, v. Gregory H. BURTON, Appellee.

No. 93-1726.

District Court of Appeal of Florida,

Third District.

Dec. 28, 1993.

An Appeal from the Circuit Court of Dade County; Roberto M. Pineiro, Judge.

Robert A. Butterworth, Atty. Gen., and Mark Rosenblatt, Asst. Atty. Gen., for appellant.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Asst. Public Defender, for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.

CONFESSION OF ERROR

PER CURIAM.

The State has appealed from two orders. The first is one suppressing tangible evidence, to-wit: a firearm and contraband, contending that the search of the passenger compartment of a vehicle was a legal search incident to an arrest. The second order is one dismissing the case.

Based upon the appellee's candid and correct confession of error, the orders of the trial court suppressing the said evidence and dismissing the case are reversed. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981); State v. Scott, 576 So.2d 411 (Fla. 3d DCA 1991); Hardin v. State, 578 So.2d 400 (Fla. 1st DCA 1991); State v. Gonzalez, 562 So.2d 705 (Fla. 3d DCA 1990).

Reversed and remanded.