Johnson v. State

The defendant Billy Johnson appeals a judgment of conviction and sentence for carrying a concealed firearm [§ 790.01(2), Fla.Stat. (1979)], entered below and contends that the state’s evidence adduced at trial was insufficient to establish that the firearm which he possessed, was, in fact, concealed. We entirely agree as our review of the record demonstrates a total lack of evidence as to where the firearm was situated with reference to the defendant’s body at the time it was seized from the defendant by the police. Indeed, the police officer who seized the firearm from the defendant did not…