Padron-Canto v. State

The judgment of conviction and sentence for carrying a concealed firearm [§ 790.-01(2), Fla.Stat. (1979) ] under review by this appeal is reversed and the cause is remanded to the trial court with directions to discharge the defendant from the cause.

Our review of the record on appeal reveals that no evidence was ever adduced below tending to show that the firearm admittedly possessed in this ease by the defendant was ever concealed; indeed, the evidence is to the contrary that the firearm was held by the defendant in such a way that it was plainly visible to the ordinary sight of another…