Legal Opinion

Almanza v. State

District Court of Appeal of Florida

Decided June 3, 1998No. 97-0449PublishedCited by 2 opinions

1Opinion of the Court

GROSS, Judge.

Appellant, David Almanza, entered a plea of no contest to the charge of carrying a *254concealed firearm, in violation of section 790.01(2), Florida Statutes (1995). The plea agreement was silent as to the disposition of the firearm seized from Almanza. As part of the sentence, the trial judge withheld adjudication of guilt. By the time of the plea, Almanza had obtained a license to carry a concealed firearm.

Almost two months after being sentenced, Almanza moved in the trial court for the return of his gun. The trial court denied the motion, ruling that section 790.08(2), Florida…

2Cases cited7 opinions

  1. Perkins v. StateSupreme Court of Florida · 1991
  2. Coon v. StateDistrict Court of Appeal of Florida · 1991
  3. McCaskill v. Union Naval Stores Co.Supreme Court of Florida · 1910
  4. Estevez v. GordonDistrict Court of Appeal of Florida · 1980
  5. Moore v. StateDistrict Court of Appeal of Florida · 1988

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3Cited by2 opinions

  1. Eight Hundred, Inc. v. StateDistrict Court of Appeal of Florida · 2001
  2. Darman v. StateDistrict Court of Appeal of Florida · 2000

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