THE STATE OF FLORIDA, APPELLANT,
v.
ANTHONY BRYANT, APPELLEE
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The trial court erred in dismissing charges for aggravated assault and carrying a concealed weapon.
The prosecution appealed an order dismissing a two-count information charging the defendant with aggravated assault and carrying a concealed weapon.…
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KEHOE, Judge.
Appellant, the prosecution below, brings this appeal from an order of the trial court dismissing, pursuant to appellee’s defendant below, motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), a two count information against appellee charging him with aggravated assault, and carrying a concealed weapon. We reverse.
In regard to the count of aggravated assault, we believe that the trial court erred by granting the motion to dismiss because there were justiciable issues of facts which, if construed most favorably to appellant, raised a prima facie case of guilt. The trial court may not either weigh the evidence or determine its creditability. See State v. Davis, 243 So. 2d 587 (Fla.1971); and Fla.R. Crim.P. 3.190.
In regard to the count of carrying a concealed weapon, under Section 790.01(2), Florida Statutes (1977), the trial court improperly relied upon Section 790.25(3)(7), Florida Statutes (1977), in granting the motion to dismiss. This latter Section pertains to an exception for carrying an unlicensed weapon and is not a defense to carrying a concealed weapon.
For the reasons set forth above, the order appealed is reversed and the cause remanded for further proceedings.
Reversed and remanded.
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State v. Sheppard, 401 So. 2d 944 (Fla. 5th DCA 1981)…imate cause of death. Evidence or its lack, however, is not properly considered on a (c)(4) motion, and the court must look only to the prima facie sufficiency of the alleged facts. Jones v. State, 392 So. 2d 18 (Fla. 1st DCA 1980); State v. Bryant, 373 So. 2d 708 (Fla. 3d DCA 1979); State v. J. T. S., 373 So. 2d 418 (Fla. 2d DCA 1979); State v. West, 262 So. 2d 457 (Fla. 4th DCA 1972). The state’s traverse alleges Sheppard weaved over to the right lane, the decedent’s lane, sped up and hit the decedent. Thes…
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State v. Hudson, 397 So. 2d 426 (Fla. 2d DCA 1981)…erefore, in passing upon a motion to dismiss, the court should view the facts in the light most favorable to the state. State v. Davis, 243 So. 2d 587 (Fla.1971). The court should not weigh the evidence or determine its credibility. State v. Bryant, 373 So. 2d 708 (Fla.3d DCA 1979). If reasonable men could find guilt, a jury question results, and the motion to dismiss should be denied. State v. Hires, 372 So. 2d 183 (Fla.2d DCA 1979). As in prosecutions under the old rape statutes, the state must prove the u…
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State v. Commons, 592 So. 2d 317 (Fla. 3d DCA 1991)…ria with section 790.01(2) and, thus read, makes it lawful for a person to carry a concealed firearm in his home. Accord Facion v. State, 290 So. 2d 75 (Fla. 2d DCA 1974); French v. State, 279 So. 2d 317 (Fla. 4th DCA 1973). But cf. State v. Bryant, 373 So. 2d 708, 709 (Fla. 3d DCA 1979) (§ 790.25(3)(Z) no defense to carrying a concealed weapon). The same holding obviously applies to the other exception in § 790.25(3)(n), which applies to the defendant’s “place of business.” Moreover, this language is not, a…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Davis, 243 So. 2d 587 (Fla. 1971)