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Kinard v. State

District Court of Appeal of Florida, Fifth District
Feb 25, 1981
394 So. 2d 217 (Fla. Dist. Ct. App. 1981)

Opinion

No. 79-155.

February 25, 1981.

Appeal from the Circuit Court, Brevard County, Tom Waddell, Jr., J.

Richard L. Jorandby, Public Defender, and Robert C. Fallon, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gregory C. Smith, Asst. Atty. Gen., Daytona Beach, for appellee.


Appellant, charged with carrying a concealed firearm, entered a plea of nolo contendere to the lesser included offense of carrying a concealed weapon reserving the right to appeal the trial court's denial of a motion to suppress. The record satisfies us that appellant impliedly consented to the search and seizure of his shotgun from the floor of his vehicle when he made a spontaneous statement about the weapon and its location while being arrested for driving under the influence of alcohol. Appellant complains that, apparently through clerical error, the order withholding adjudication of guilt and placing appellant on probation erroneously recites that appellant entered a plea to the original charge of carrying a concealed firearm, section 790.01(2), Florida Statutes (1979). Such errors should be first brought to the attention of the trial court for correction rather than being first presented as a point on appeal. However, in this instance, we hereby correct that order to recite that the plea was to the offense of carrying a concealed weapon, section 790.01(1), Florida Statutes (1979), and, as corrected, that order, and the order denying appellant's motion to suppress, are

AFFIRMED.

DAUKSCH, C.J., and ORFINGER, J., concur.


Summaries of

Kinard v. State

District Court of Appeal of Florida, Fifth District
Feb 25, 1981
394 So. 2d 217 (Fla. Dist. Ct. App. 1981)
Case details for

Kinard v. State

Case Details

Full title:JEFFREY N. KINARD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 25, 1981

Citations

394 So. 2d 217 (Fla. Dist. Ct. App. 1981)