Legal Opinion

State v. Williams

District Court of Appeal of Florida

Decided March 17, 1981No. 80-1402PublishedCited by 1 opinion

1Opinion of the Court

DANIEL S. PEARSON, Judge.

The trial court, finding that the pistol was not concealed within the meaning of Section 790.001(2), Florida Statutes (1979),1 granted Williams’ motion to dismiss filed under Florida Rule of Criminal Procedure 3.190(c)(4). We reverse the order of dismissal and remand the cause with directions to reinstate the information.

The State’s sworn traverse specifically denied the averments in Williams’ motion *288that the “pistol was sticking out from under the front seat” and “was visible to the officer,” and affirmatively set forth that “after the defendant reached under the…

2Cases cited9 opinions

  1. State v. UptonDistrict Court of Appeal of Florida · 1981
  2. State v. RiocaboDistrict Court of Appeal of Florida · 1979
  3. State v. SellersDistrict Court of Appeal of Florida · 1973
  4. Powell v. StateDistrict Court of Appeal of Florida · 1979
  5. State v. DayDistrict Court of Appeal of Florida · 1974

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State v. JohnsonDistrict Court of Appeal of Florida · 1988

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