PATRICIA WATZEL AND HERBERT WATZEL, PETITIONERS,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Elton E. Ensor v. State, 403 So. 2d 349 (Fla. 1981)
  …we find directly conflicts with Porchay v. State, 321 So. 2d 439 (Fla. 1st DCA 1975); Christian v. State, 303 So. 2d 405 (Fla. 3d DCA 1974), cert. denied, 314 So. 2d 778 (Fla.1975); and State v. Day, 301 So. 2d 469 (Fla. 1st DCA 1974), cert. denied, 312 So. 2d 748 (Fla.1975). We grant the petition for review.1 The issue to be determined is whether an object observed from a “pre-intrusive open view” and believed by a trained police officer to be a weapon can also simultaneously be a “concealed weapon” prohibit…

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• State v. Bethea, 409 So. 2d 1139 (Fla. 2d DCA 1982)
  …tion of the butt was observable by the deputy with the door open. The trial court granted the motion, holding that as a matter of law the firearm was not concealed. The court relied on State v. Day, 301 So. 2d 469 (Fla. 1st DCA 1974), cert. denied, 312 So. 2d 748 (Fla.1975) and Porchay v. State, 321 So. 2d 439 (Fla. 1st DCA 1975). We hold that the lower court erred in granting the motion to dismiss. Florida Rule of Criminal Procedure 3.190(c)(4) requires that the motion to dismiss be sworn to by one having…