Opinion
No. 91-647.
August 27, 1991.
An Appeal from the Circuit Court for Dade County; Jeffrey Rosinek, Judge.
Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Marc E. Brandes, Asst. Atty. Gen., for appellee.
Before NESBITT, COPE and GERSTEN, JJ.
Based on the State's confession of error, with which we agree, the order under review is reversed and the cause is remanded with directions to grant the appellant's motion for return of the handgun. See § 790.08(3), Fla. Stat. (1989); Alvarez v. State, 485 So.2d 470 (Fla. 3d DCA 1986).