STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
v.
BRENDA NIEMCOW, APPELLEE/CROSS-APPELLANT
STATE OF FLORIDA, APPELLANT/CROSS-APPELLEE,
BRENDA NIEMCOW, APPELLEE/CROSS-APPELLANT
506 So. 2d 493
Florida District Court of Appeal, Fifth District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellee’s conviction is affirmed but her sentence is vacated on the authority of State v. Niemcow, 505 So. 2d 670 (Fla. 5th DCA 1987) and the cause is remanded for resentencing.
JUDGMENT AFFIRMED; SENTENCE VACATED; CAUSE REMANDED.
UPCHURCH, C.J., and ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Yarn, 63 So. 3d 82 (Fla. 2d DCA 2011)…ed weapon. The fact that it is revealed to the arresting officer when the person turns and his coat swings away sufficiently for the officer to identify it as a pistol does not keep it from being a “concealed weapon” under the law. State v. Joseph, 506 So. 2d 493, 494 (Fla. 5th DCA 1987). Here, while it was admittedly dark outside and Yarn was wearing black clothing, the State alleged that both deputies would testify that they clearly saw Yarn when they shined a spotlight on the group gathered in the yard.…
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State v. Everald Montgomery Reid, 542 So. 2d 453 (Fla. 3d DCA 1989)…n would not be a concealed weapon, and dismissal on motion would be proper. But it does not follow that a weapon, in order to be concealed, must be completely concealed.” State v. Sellers, 281 So. 2d 397 (Fla. 2d DCA 1973); see also State v. Joseph, 506 So. 2d 493 (Fla. 5th DCA 1987). The weapon could have been concealed; it is for the jury to determine whether it was concealed. Joseph, 506 So. 2d at 494. We need not reach the state's remaining point on appeal concerning the sufficiency of the jurat. The or…
Authorities Cited
- State v. Wladimir Niemcow, 505 So. 2d 670 (Fla. 5th DCA 1987)