Stuart v. State

SCHWARTZ, Judge.

The defendant appeals from convictions and five-year concurrent sentences for grand theft and carrying a concealed firearm. As to the latter offense, the only testimony was that a pocketbook with a pistol inside1 was hurled from the window on the passenger’s side of a vehicle which Stuart was driving and in which there was another occupant; no witness could say which of the two men had thrown the purse. We find this evidence totally insufficient to justify the finding of guilt on the CCF charge. Atkins v. State, 301 So.2d 459 (Fla. 4th DCA 1974); Lawson v. State, 251 So.2d 683…