State v. Joseph

UPCHURCH, Chief Judge.

This is an appeal from an order dismissing the information pursuant to a “C-4” motion under Florida Rule of Criminal Procedure 3.190(c)(4). Appellee, Jean Joseph, had been charged with carrying a concealed weapon in violation of section 790.-01(2), Florida Statutes (1985).

Joseph was stopped by the police for driving with a broken brake light. He was told by the arresting officer to exit his automobile and to place his hands on the roof. When Joseph turned around to do so one officer observed the grip of a firearm, a .25 caliber automatic, protruding from his right rear…