State v. Ensor

DWIGHT L. GEIGER, Associate Judge.

Appellee herein was charged by information with carrying a concealed firearm in violation of § 790.01, Fla.Stat. (1977). The trial court granted his motion to dismiss, and the State appealed.

Prior to entertaining the motion to dismiss, the Court had denied a motion to suppress based upon the State’s contention that the firearm was in plain view. Apparently finding an inconsistency between the State’s position of “plain view” and the charge of a concealed firearm, the Court granted the Appellee’s motion to dismiss.

The facts upon which the motion to dismiss was…