State v. Harrell

GERSTEN, Judge.

Appellant, State of Florida, appeals the dismissal of an information charging appel-lee, David Harrell, with carrying a concealed firearm. We reverse.

In his deposition, the arresting officer stated that after he stopped appellee’s car he shined his flashlight into the passenger area. He observed the butt of a firearm in an unzipped case located in the partially open glove compartment. The officer stated:

Well, say I’m driving, the glove compartment is right here, the butt was here and all [appellee] had to do was reach over and he would have had the gun out. He did not have to…