State of Florida v. Andrew Benjamin

Andrew Benjamin filed a rule 3.190(c)(4) motion to dismiss his charge of carrying a concealed firearm, which the trial court granted. The State appeals, arguing that because different inferences can be drawn from the undisputed evidence, the concealment issue cannot be determined as a matter of law. We agree.

Factual Background and Trial Court Proceedings

Benjamin was a passenger in a vehicle stopped by two officers for speeding and seat belt violations. First Officer approached the driver’s side of the vehicle; Second Officer approached the passenger’s side. As he approached the vehicle, First…