State v. Dorelus

WARNER, Judge.

We reverse the order granting the sworn motion to dismiss the information charging appellee with carrying a concealed firearm. Under Ensor v. State, 403 So.2d 349, 354-55 (Fla. 1981), whether a weapon is concealed within the meaning of section 790.001, Florida Statutes (1995), is a question for the trier of fact.

In the instant case, appellee and his co-defendant Presume1 were stopped for a traffic infraction. An officer standing outside the vehicle observed the “shiny silver butt of a handgun sticking out of the console located underneath the radio.” Whether a partially visible…