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State v. Gaskin

District Court of Appeal of Florida, Second District
Jun 11, 1971
249 So. 2d 39 (Fla. Dist. Ct. App. 1971)

Opinion

No. 70-901.

June 11, 1971.

Interlocutory appeal from the Court of Record for Manatee County; Robert H. Schultz, Judge.

Richard W. Seymour, Asst. State's Atty., Bradenton, for appellant.

Earl W. Baden, Jr., Bradenton, for appellee.


Affirmed.

PIERCE, C.J., and LILES, J., concur.


The State comes here without a transcript, with an appendix which gives the testimony supporting their side, uncertified, leaving us to wonder on what testimony the trial judge suppressed the pistol taken from Gaskin's pocket. Terry v. Ohio, 1968, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889, held that an officer having probable cause to know that a suspect has a concealed weapon and might use it, can pat him down and take the gun. The State contends that the trial judge overlooked Terry, but doesn't bring before us for review the proceedings on motion to suppress. We must therefore assume that there is some evidence in the missing portion of the record which sustains the trial judge's findings. The burden of showing error is on the appellant. The State has not met this burden, so I must concur in affirmance.


Summaries of

State v. Gaskin

District Court of Appeal of Florida, Second District
Jun 11, 1971
249 So. 2d 39 (Fla. Dist. Ct. App. 1971)
Case details for

State v. Gaskin

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. DANIEL GASKIN, JR., APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 11, 1971

Citations

249 So. 2d 39 (Fla. Dist. Ct. App. 1971)