Charley v. State

ERVIN, Judge.

Appellant, David Earl Charley, raises five issues involving this criminal appeal from his convictions and sentences for one count of carrying a concealed firearm and eight counts of petit theft. We agree with appellant that the trial court erred in denying his motion for judgment of acquittal on the charge of carrying a concealed firearm, because the state failed to provide competent, substantial evidence that the starter pistol found in appellant’s pocket was a “firearm” as defined in Section 790.001(6), Florida Statutes (1989), and. therefore reverse on that point. We affirm…