
    STATE of Florida, Appellant, v. Gary LUCAS, Appellee.
    No. 97-2683.
    District Court of Appeal of Florida, Fourth District.
    April 1, 1998.
    Robert A. Butterworth, Attorney General, Tallahassee, and Denise M. Mitchell, Assistant Attorney General, West Palm Beach, for appellant.
    Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellee.
   PER CURIAM.

AFFIRMED.

GUNTHER and KLEIN, JJ., concur.

STONE, C.J., concurs specially with opinion.

STONE, Chief Judge,

concurring specially.

I concur separately only to note that, in my judgment, the statute in question would not mandate suppressing the evidence uncovered in the search here but for the state’s apparent concession at the motion to suppress hearing that the statute applied and its failure to raise before the trial court the issue asserted on appeal.  