State v. Commons

SCHWARTZ, Chief Judge.

The state appeals from an order granting a Rule 3.190(c)(4) sworn motion to dismiss an information for carrying a concealed firearm in violation of section 790.01(2), Florida Statutes (1989),1 based on the un-traversed showing

that on June 14, 1990, he was inside his place of business, Zhara Supermarket, where he is employed as a grocer, when the police observed a bulge on the Defendant, searched the Defendant, and arrested him for carrying a concealed firearm.

The trial court concluded that the statute did not apply to the appellant because of the exception contained in…