09-5740 D.M.J., A CHILD, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 09-5740

Case Date: 06/09/2010

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA D.M.J., A CHILD, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed June 9, 2010. An appeal from the Circuit Court for Alachua County. Mark W. Moseley, Judge. Nancy A. Daniels, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Heather Flanagan Ross, Tallahassee, for Appellee. PER CURIAM. The State properly concedes that the trial court erroneously denied appellant's motion to suppress a weapon found on his person. See Baptiste v. State, 995 So. 2d 285 (Fla. 2008). Reversed and remanded with directions to enter an order granting appellant's motion to suppress. WOLF, BENTON, and PADOVANO, JJ., CONCUR. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D09-5740

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