Legal Opinion · Dissent

V. B. L. v. State

District Court of Appeal of Florida

Decided January 26, 1982No. 80-2355Published

1DissentBaskin, Judge

The fact that a firearm was found under the driver’s seat of an automobile driven by defendant V.B.L. is insufficient as a predicate for an adjudication of delinquency based upon carrying a concealed firearm. Defendant denied knowledge of the firearm’s presence in the car he stated was owned by his father and in which another passenger rode. Any inference from the presence of spent cartridges that defendant knew the gun was in the car was challenged by his denial at the time of his arrest and presented a question of fact. Wilson v. State, 344 So.2d 1315 (Fla. 2d DCA 1977). The state was…

2Cases cited5 opinions

  1. Wilson v. StateDistrict Court of Appeal of Florida · 1977
  2. Clark v. StateDistrict Court of Appeal of Florida · 1978
  3. Russ v. StateDistrict Court of Appeal of Florida · 1973
  4. Coley v. StateDistrict Court of Appeal of Florida · 1981
  5. Joiner v. StateDistrict Court of Appeal of Florida · 1976

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