THE STATE OF FLORIDA, APPELLANT,
v.
WILLIE JAMES STRACHAN, APPELLEE
THE STATE OF FLORIDA, APPELLANT,
WILLIE JAMES STRACHAN, APPELLEE
549 So. 2d 235
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
We reverse an order granting a summary motion to dismiss a charge of carrying a concealed firearm, to wit, a revolver, on the authority of Ensor v. State, 403 So. 2d 349, 354 (Fla.1981). The fact that the firearm involved was on the floor of the car and was in the open view of the law enforcement officer after the defendant exited the vehicle, and the officer shined her flashlight on it, certainly does not preclude it from being a concealed firearm within the meaning of the applicable statutes.
The dismissal order under review is reversed and the cause remanded for further proceedings.
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State v. Puig, 551 So. 2d 552 (Fla. 3d DCA 1989)…e also Chapas v. State, 404 So. 2d 1102 (Fla. 2d DCA 1981). The fact that a firearm is in the open view of a law enforcement officer does not preclude it from being a concealed firearm within the meaning of the applicable statute. State v. Strachan, 549 So. 2d 235 (Fla. 3d DCA 1989). The existence of the weapon under the driver’s seat was sufficient evidence to give rise to the belief that an offense had been committed. See State v. Outten, 206 So. 2d 392 (Fla.1968). We therefore find that there was probabl…
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State v. Pollock, 600 So. 2d 1313 (Fla. 3d DCA 1992)…der either reading on this record the motion should have been denied. See id.; O.H. v. State, 577 So. 2d 696, 697 (Fla. 3d DCA 1991); State v. Puig, 551 So. 2d 552, 553 (Fla. 3d DCA 1989), review denied, 563 So. 2d 633 (Fla.1990); State v. Strachan, 549 So. 2d 235, 236 (Fla. 3d DCA 1989); Myers v. State, 546 So. 2d 754 (Fla. 3d DCA 1989). The order under review is reversed and the cause remanded for further proceedings consistent herewith. * The parties agree, and it is clear from the transcript, that the…
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Eve Alce v. State, 682 So. 2d 226 (Fla. 3d DCA 1996)…PER CURIAM. Affirmed. Ensor v. State, 403 So. 2d 349, 354-55 (Fla.1981); State v. Strachan, 549 So. 2d 235, 236 (Fla. 3d DCA 1989).…
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- Elton E. Ensor v. State, 403 So. 2d 349 (Fla. 1981)