STATE OF FLORIDA, APPELLANT,
v.
ERIC THACKER EVANS, APPELLEE
STATE OF FLORIDA, APPELLANT,
ERIC THACKER EVANS, APPELLEE
388 So. 2d 1104
Florida District Court of Appeal, Fourth District (1980)
Caution
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The State appeals an order granting appellee’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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Strickland v. State, 559 So. 2d 1288 (Fla. 2d DCA 1990)…e prosecutor agreed with Strickland’s counsel that “[t]he facts are correct,” and the court, without objection, proceeded to rule on the merits of the motion. Under these circumstances we deem the traverse to have been abandoned. Cf. State v. Evans, 388 So. 2d 1104 (Fla. 4th DCA 1980). Strickland concedes that the facts as presented would support a misdemeanor conviction. Accordingly, we reverse the judgment and sentence with directions to correct the written documents to indicate a conviction under section 8…
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State v. Schmitz, 450 So. 2d 1254 (Fla. 3d DCA 1984)…from the defendant was not authorized under Sec. 316.1932(l)(f)(2), Fla.Stat. (1981). We affirm because (a) the state attorney interposed no objection below and indeed specifically agreed that the motion to suppress was well taken,1 State v. Evans, 388 So. 2d 1104 (Fla. 4th DCA 1980); and (b) on the merits, the ruling was entirely correct. State v. Roose, 450 So. 2d 861 (Fla. 3d DCA 1984). Affirmed, . Whether the state's attempt to reverse an order on appeal which it represented was correct to the trial…